When there are various defects in the application documents, the applicant may take the initiative to correct or modify them within the time specified in the detailed rules for implementation. Correction is mainly to correct the defects in the form or format of the application or the defects in the procedure. For example, if the original document does not use the unified format formulated by the patent office, you can submit qualified documents on your own initiative; If the original request is unsigned, you can submit the signed request through active correction; Where an applicant applies to entrust a patent agency, if a power of attorney for patent agency is not submitted at the time of application, he may submit a power of attorney for patent agency on his own initiative.
Modification mainly refers to the modification of the application content. Applications for patents for utility models and designs are only allowed to be actively modified within 3 months from the date of application; An application for a patent for invention is only allowed to actively modify the application documents when making a request for real examination and replying to the examiner's first examination opinions. The Patent Office will consider that the active amendment proposed outside the above-mentioned prescribed time limit has not been proposed and handled.
The requested modification should be carried out through a special program that describes the item change, not according to the program of active modification mentioned here.
The modification of the claim shall be based on the specification. The applicant can modify the preamble part of the claim, or modify its characteristic part to make it more accurate to adapt to the invention or more logical. In order to make the patent application meet the requirements of singularity or strengthen protection, the applicant may also add or delete the claims in the claims.
Generally speaking, the modification of the specification is mainly limited to non-substantive parts, such as the name of the invention, background technology, technical field of the invention, description of drawings and abstract. These parts can be modified according to the contents of the manual, so that the theme of the invention is more appropriate and the public and examiners can understand the invention more easily. Modifications to the necessary parts of the specification, namely, the purpose of the invention, technical scheme, effect and embodiment, are generally not allowed, but can be considered under very special circumstances. For example, the purpose of the invention is obviously incompatible with the technical scheme, and the purpose of the invention can be appropriately modified according to the technical scheme; Under the condition that the application meets the requirement of singularity, modify the instruction to make it meet the requirement of singularity; What is only written in the claims at the time of application is added to the specification, and so on.
Modification of design pictures or photos is limited to tracing unclear lines, painting unprotected words, or correcting obvious errors and inconsistencies in the view.
Any active modification or correction shall not exceed the scope recorded or indicated in the original application. Whether active modification or correction can be corrected, and whether the examiner's decision can be accepted. Take the initiative to modify or correct should use opinion statements or corrections, indicating the name, number of pages, location and reasons for the modification; The revised part shall be printed on the replacement page and attached to the opinion statement or supplementary book.