Can the patent specification be modified?

There are two main methods to modify the instruction manual:

First, modify the defects in the specification that do not conform to the provisions of the Patent Law and its detailed rules for implementation;

One is to make adaptive modifications according to the revised claims, and the above two modifications are generally allowed as long as they do not exceed the scope of the original specification and claims.

Permitted modifications to the specification include the following:

(1) Modify the name of the invention to accurately and concisely reflect the name of the claimed subject. If the types of independent claims include products, methods and uses, these claimed subjects should be reflected in the invention name. The name of the invention should be as short as possible, no more than 25 words.

(2) Modifying the technical field of the invention. Technical field refers to the technical field reflected by the classification position of inventions in the international patent classification table. In order to facilitate the public and examiners to clearly understand the invention and its corresponding existing technology, it should be allowed to modify the technical field of the invention to make it related to the field involved in the lowest classification position in the international patent classification table.

(3) Modify the background technology to adapt to the proposed theme. The independent claim is written in accordance with Article 22 of the Detailed Rules for the Implementation of the Patent Law, and the background technology part of the specification shall record the contents related to the existing technology mentioned in the preface of the independent claim, and quote the documents reflecting these background technologies. If the examiner finds that the comparison file is closer to the subject to be protected than the existing technology cited by the applicant in the original specification through retrieval, the applicant shall be allowed to modify the specification, add the contents of the file to this part, quote the file, and delete the contents describing the irrelevant existing technology at the same time. It should be pointed out that this modification actually adds something that is not recorded in the claims and specifications of the original application, but it is allowed according to international practice because the modification only involves the background technology and not the invention itself, and the added content is the known prior art before the filing date.

(4) Modify the content related to the technical problems solved by the invention in the content part of the invention, so as to adapt it to the theme to be protected, that is, to reflect the technical problems solved by the invention technical scheme of the closest prior art. Of course, the modified content should be recorded in the original manual or can be directly deduced from the content recorded in the original manual.

(5) Modifying the content related to the technical scheme of the invention in the content part of the invention, so as to adapt it to the theme protected by the independent claim. Where the independent claim has been amended in accordance with the provisions of the Patent Law and its detailed rules for implementation, it is allowed to make corresponding amendments to this part; If the independent claim has not been modified, it is allowed to modify this part without changing the original technical scheme, such as straightening out words, correcting nonstandard words, unifying technical terms, etc.

(6) Modifying the contents related to the beneficial effects of the invention in the content part of the invention. Only when a certain technical feature (s) has been clearly disclosed in the original application document and its beneficial effects have not been clearly mentioned, but the technicians in the technical field can directly infer this effect from the original application document without any difficulty, can the beneficial effects of the invention be appropriately modified.