Legal analysis: The scope of modification in patent rejection review is the defect pointed out in the notice.
Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Article 51 When an applicant for an invention patent submits a request for substantive examination and when receiving a request from the State Council Within 3 months from the date of the notice issued by the patent administration department that the invention patent application has entered the substantive examination stage, the invention patent application may be modified on its own initiative.
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 opinions 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. If the patent administration department of the State Council makes modifications on its own initiative, it shall notify the applicant.
Article 52 When modifying the description or claims of an invention or utility model patent application, except for the modification, addition or deletion of individual words, replacement pages shall be submitted in accordance with the prescribed format. For modifications to pictures or photos in a design patent application, replacement pages must be submitted in accordance with regulations.
Article 53 According to the provisions of Article 38 of the Patent Law, the circumstances under which an invention patent application should be rejected after substantive examination include:
(1) The application is a patent The circumstances specified in Article 5 and Article 25 of the Patent Law, or the patent right cannot be obtained in accordance with the provisions of Article 9 of the Patent Law;
(2) The application does not comply with Article 2, paragraph 2, of the Patent Law; Paragraph 1 of Article 20, Paragraph 22 of Article 22, Paragraph 3, Paragraph 4, Paragraph 5 of Article 26, Paragraph 1 of Article 31 or Paragraph 2 of Article 20 of these Rules
(3) The amendment of the application does not comply with the provisions of Article 33 of the Patent Law, or the divisional application does not comply with the provisions of the first paragraph of Article 43 of these Rules.