What are the provisions for proactive modification and correction of application documents
Article 33 of the Patent Law: Applicants may modify their patent application documents, but , modifications to invention and utility model patent application documents shall not exceed the scope recorded in the original description and claims, and modifications to design patent application documents shall not exceed the scope represented by the original pictures or photos.
"Patent Law Implementing Rules" 》Article 51 When an applicant for an invention patent submits a request for substantive examination and when receiving an invention patent issued by the Patent Administration Department of the State Council, Within 3 months from the date of notification of the application entering the substantive examination stage, you can actively propose amendments to the invention patent application.
A utility model or design patent applicant may proactively propose modifications to a utility model or design patent application within 2 months from the filing date.
The applicant applies for a patent after receiving the notice of examination opinion issued by the Patent Administration Department of the State Council. If the document is modified, it shall be modified to address the defects pointed out in the notice.
The Patent Administration Department of the State Council may correct obvious errors in words and symbols in patent application documents on its own initiative. If the Patent Administration Department of the State Council makes corrections on its own initiative, it shall notify the applicant.
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