Can the patent be amended during the examination? How long will it take for the revised patent authorization?
Can the patent be amended during the examination? How long will it take for the revised patent authorization? Patents are very important. The existence of patents proves that the ability of independent innovation is certain. After the patent comes into effect, other companies must pay a certain patent fee if they want to use it. Below, Bajie Intellectual Property takes you to know the relevant knowledge. Can the patent be amended during the examination? For the convenience of description, the patent you have submitted will be called the earlier application, and the patent you intend to submit again will be called the later application. Where the filing date of the earlier application has not enjoyed the priority, the latter application may be filed within one year from the filing date of the earlier application to claim the priority of the earlier application. The latter application may be amended, but it shall not enjoy the priority date (that is, the filing date of the earlier application) under different circumstances. If the latter application is still submitted to China National Intellectual Property Administration, China within the above-mentioned time limit (within one year from the filing date of the earlier application), the earlier application will be withdrawn. This provision is mainly to prevent duplication of authorization. In addition, where you want to make changes is also important. If it is located in the background part of the specification, it generally does not need to be modified. If it is located in the claim, if there is a corresponding correct record in the specification, it can be actively modified according to the correct record in the specification. The timing of active revision is when the substantive examination request is made, or within three months after receiving the notice of entering the substantive examination stage. If it is not the content of the claim, and it will not become the potential content of the claim in the future, there is no need to modify it. The revised guide adds the supplementary experimental data in Section 3.5, moves the supplementary experimental data in Section 3.4 (2) to Section 3.5, and changes the examples and experimental data submitted after the application date to the experimental data submitted after the application date, which will be reviewed by the examiner. The technical effect proved by supplementary experimental data shall be obtained by the technical personnel in the technical field from the contents disclosed in the patent application. How long will it take for the revised patent authorization? The substantive examination is generally 1.5-2.5 years. According to the provisions of Article 35 of the Patent Law, within three years from the date of filing, the patent administrative department of the State Council may examine the application according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. Therefore, the time limit for filing substantive examination is from the date of patent application to three years, and it can be filed at any time. Can the patent under review be amended? How long will it take for the revised patent authorization? We are here to answer this question for you. If you have more questions about patents, you can continue to pay attention to Bajie Intellectual Property or call Bajie Intellectual Property National Free Service Hotline.