How is the withdrawal and modification of a patent application
1. Withdrawal of patent application
Application A person may withdraw his or her patent application at any time before the patent right is granted. Applying for a patent is the right of the inventor of the invention, which can be exercised or waived, including giving up during the exercise. Withdrawal of a patent application may be made by the applicant in writing to the Patent Administration Department of the State Council, and the application will be effective from the date it reaches the Patent Administration Department of the State Council.
In addition to positive withdrawal, the withdrawal of patent applications also includes passive withdrawal. The existing patent legal system believes that passive withdrawal includes: (1) withdrawal without requesting substantive examination after the time limit. Within three years from the filing date of an invention patent application, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn. (2) Withdrawal of information not submitted within the time limit. If an application for an invention patent has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified time limit the information on the search conducted by that country for the purpose of examining the application or the information on the examination results; if the application is not submitted beyond the time limit without justifiable reasons, the application shall be deemed to be invalid. considered withdrawn. (3) Withdrawal of late reply without justifiable reasons. After conducting a substantive examination of an invention patent application, the patent administration department of the State Council deems that it does not comply with the provisions of the Patent Law, it shall notify the applicant and require him to state his opinions within a specified time limit or make modifications to his application; if he fails to respond within the time limit without justifiable reasons, , the application will be deemed withdrawn.
If the applicant withdraws his patent application, he shall submit a statement to the patent administration department of the State Council, stating the name of the invention, application number and filing date. The statement of withdrawal of the patent application is made after the patent administration department of the State Council has made preparations for printing the patent application documents, and the application documents will still be published; however, the withdrawal of the patent applicationThe declaration of the patent application shall be published in the patent gazette published later.
2. Modification of patent application
Applicants may modify their patent application documents, but modifications to invention and utility model patent application documents shall not exceed the original description and claims. Within the scope recorded in the design patent application document, modifications to the design patent application documents shall not exceed the scope represented by the original pictures or photographs.
The invention patent applicant submits a request for substantive examination and from the date of receipt of the notification that the invention patent application has entered the substantive examination stage issued by the Patent Administration Department of the State Council. Within 3 months, you can actively propose amendments to your invention patent application. Applicants for utility model or design patents may proactively propose modifications to their utility model or design patent applications within 2 months from the filing date. If the applicant makes modifications to the patent application documents after receiving the notice of examination opinion issued by the Patent Administration Department of the State Council, the applicant shall make modifications 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 modifications on its own initiative, it shall notify the applicant.
If the patent applicant or patentee abandons the technical solution through modifications to the claims, description or statement of opinions during the patent authorization or invalidation procedure, , then if the right holder brings it into the scope of patent protection in patent infringement dispute cases, it should not be supported.
The above is the answer to the issue of withdrawal and modification of patent applications. When applicants need to withdraw or modify patent applications during the patent application process, they can refer to the above introduction. I believe This can provide a lot of help on your application journey. If you encounter any more complex legal issues, our Legal Savior Network will provide you with legal consulting services. Welcome to consult.