What are the permitted modifications to the claims?

A request for rights in a patent application, also called a claim, is based on the patent application specification, explains the technical features of the invention or utility model, clearly and briefly writes the scope of patent protection requested, and proposes one or more items under certain conditions. independent patent rights. The request for patent application shall contain independent claims and may also contain dependent claims. What are the allowed modifications to the claims? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the permitted modifications to the claims

Amendments to the claims mainly include: by adding or changing independent The technical features of the claim, or changing the scope of protection requested by the independent claim by changing the subject type or subject name of the independent claim and its corresponding technical features; adding or deleting one or more claims; modifying the independent right claim, redefine it with respect to the closest prior art; amend the reference part of the dependent claim, correct its reference relationship, or modify the qualifying part of the dependent claim to clearly define the scope of protection sought by the dependent claim . The above modifications should be allowed as long as the technical solutions of the modified claims are clearly recorded in the original description and claims.

For the numerical value in the claim containing technical features within the numerical range Modification of the range is allowed only if the two end values ​​of the modified numerical range have been truly disclosed in the original description and/or claims.

(3) Change the subject type, subject name and corresponding technical features of the independent claim to overcome shortcomings such as incorrect type of original independent claim or lack of novelty or inventiveness.trap. Such modifications are allowed as long as the technical solutions described in the modified independent claims are clearly stated in the original description.

(4) Delete one or more claims , in order to overcome the defects such as the lack of unity between the original first independent claim and the parallel independent claim, or the two claims have the same protection scope and the claims are not concise, or the claims are not based on the description, etc. Such modifications will not go beyond the scope recorded in the original claims and description, and are therefore allowed.

(5) Relate the independent claim to the closest The existing technology is correctly demarcated. Such modifications will not go beyond the scope of the original claims and description, and are therefore allowed.

(6) Modify the reference part of the dependent claim, Correct errors in citation relationships so that they accurately reflect the implementation modes or examples described in the original specification. Such modifications will not go beyond the scope of the original claims and description, and are therefore allowed.

(7) Modify the qualifying part of the dependent claim, The scope of protection of the dependent claims is clearly defined so that it accurately reflects the implementation mode or examples described in the original specification. Such modifications will not exceed the scope of the original description and description, and are therefore allowed.

Several types of modifications allowed in the claims above The situation was explained, and since these modifications complied with the provisions of Article 33 of the Patent Law, they were allowed. However, whether the claims after the above amendments comply with all other provisions of the Patent Law and its implementing regulations remains to be continued by the examiner. For modifications made in reply to the Office Action Notice, the examiner must determine the rights after the modification.Whether the claim has overcome the defects pointed out in the notice of examination action, and whether such modifications have caused other new defects; for the voluntary modifications made by the applicant, the examiner must judge whether there are any deficiencies in the revised claims. Other defects stipulated in the Patent Law and its implementing regulations.

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