Proactive modification and correction of application documents is also a procedure that applicants can choose according to their needs.
When there are various defects in the application documents, the applicant can take the initiative to make corrections or make modifications within the time specified in the implementation rules. Correction mainly refers to correcting defects in the form or format of the application, or defects in the procedures. For example: if the original document does not use the unified form developed by the Patent Office, you can take the initiative to correct it and submit qualified documents; if the original request is not signed, you can submit a signed request through active correction; if the application is entrusted to a patent agency, if If a patent agency power of attorney is not submitted when applying, you can take the initiative to correct and submit a patent agency power of attorney.
Modification mainly refers to the modification of the application content. Applications for main patents for utility models and external devices are only allowed to make active amendments within 3 months from the filing date; applications for invention patents are only allowed to make changes to the application documents when submitting a request for substantive examination and responding to the examiner's first examination opinion. Modify proactively. Proactive amendments submitted outside the above-mentioned time limit will be treated as if they have not been submitted and will be processed by the Patent Office.
Amendments to the request must be made through special bibliographic item change procedures and cannot be handled according to the active modification procedures mentioned here.
Amendments to the claims shall be based on the description. The applicant may modify the preamble of the claim or the characteristic part to make it more accurately consistent with the content of the invention or more logical. In order to make the patent application comply with the requirement of unity or to strengthen protection, the applicant may also add or delete claims in the claims.
Generally speaking, modifications to the description are mainly limited to non-substantive parts, such as the title of the invention, background technology, technical field to which the invention belongs, drawing descriptions and abstracts, etc. These parts can be modified based on the content of the description and substantive parts to make it more suitable for the subject matter of the invention and to make it easier for the public and examiners to understand the invention. Modifications to the substantive parts of the description, that is, the purpose of the invention, technical solutions, effects and embodiments, are generally not allowed, but may be considered in very special circumstances. For example, if the purpose of the invention is obviously incompatible with the technical solution, the purpose of the invention can be appropriately modified based on the technical solution; if the application meets the requirements of unity, the description should be modified to make it comply with the requirements of unity; when applying, only write The content in the claims is added to the description, etc.
Modification of design pictures or photos is limited to outlining unclear lines, overcoating text that cannot be protected, or correcting obvious errors and inconsistencies in views.
Any voluntary modifications or corrections shall not exceed the scope recorded or expressed in the original application. Whether voluntary revision or correction can be made or not can be subject to the decision of the receiving examiner. Active revisions or corrections should be made in a statement of opinion or correction, stating the name, page number, location and reason for the modification or correction of the document; the modified part should be printed on a replacement page and attached to the back of the statement of opinion or correction.