How to write the application document replacement document for the request for substantive examination of the invention patent
Need to base on the actual situation of your own patent There is no uniform template for writing.
After receiving the invention patent issued by the Patent Administration Department of the State Council From the date of notification that the patent application has entered the substantive examination stage, you can actively propose amendments to the invention patent application.
If it is received from the Patent Administration Department of the State Council If the patent application documents are modified after the issuance of the examination action notice, the modifications shall be made in accordance with the requirements of the notice. It is worth noting that no matter what kind of modification, it shall not go beyond the scope recorded in the original description and claims.
Sample style of request for substantive examination
Please follow the instructions on the back of this form"Notes on filling in the form"Please fill in each column of this form correctly
(1) Patent application application number filing date
Name of the invention (Representative)
(2) Requested content based on patent Article 35 of the Law stipulates that a request for substantive examination of the above-mentioned patent
(3) List of attachments □ Reference materials related to the present invention before the filing date □ Information retrieved by foreign countries for the application □ Information on the results of foreign examination of the application □
(4) Remarks □The Patent Office is required to copy the comparative documents listed in the examination notice□
(5) Application document replacement page
(6) Signature and seal of applicant or agency ××year×× Month ×× day (7) Patent Office processing opinion ×× year ×× month day
Notes on filling in the form
1. This form should be filled out carefully in Chinese (the text should be typed or printed, and the handwriting should be black).
2. Column (1) of this table The filled-in content should be consistent with the content in the patent request. If the application has gone through the procedures for changing the recorded items, it should be filled in according to the content after the change is approved by the Patent Office.
3. Column (3) of this table The square □ is for the person filling out the form to choose. If there is any information mentioned after the square, a "√" mark should be marked in the square.
4. The applicant cannot submit the third patent application If the information specified in Paragraph 2 of Article 16 is required, it shall be declared in column (4) of this form and the reasons shall be stated, and it shall be submitted after the information is obtained.
5. In column (3) of this table , the reference materials related to the invention before the filing date should be patent documents, journals, magazines and other literature materials that can explain the background technology of the invention. Patent documents should indicate the country, classification number, application date, application publication date, application number or patent number; non-patent documents should indicate the country, name, cited article title, author, publisher, publication date, volume , number of pages.
6. Column (6) of this table, entrustIf it is a patent agency, it shall be stamped with the official seal of the patent agency, or signed or stamped by the agent. If a patent agency has not been entrusted, the applicant should be signed or stamped with his name and seal if he is an individual; if the applicant is an organization, the official seal of the organization should be affixed, and there should be signatures and seals of multiple applicant representatives.
7. Things that should be stipulated in the Implementing Rules of the Patent Law Pay the examination fee within the deadline.
8. The patent office needs to copy the examination opinion notice For comparative documents listed in , a "√" mark should be placed in the box in column (4). Pay a copying fee of 10 yuan, which will be mailed to the General Office of the First Examination Department of the China Patent Office.
Based on the above content, we can know that for invention Modifications can be made within a certain period of time after the patent substantive examination is disclosed, but a request letter needs to be written. At the same time, the Legal Savior Network also provides you with online lawyer consultation services, and you are welcome to have legal consultation.
