Can a patent during review be modified?

For the convenience of description, the patent you have submitted will be called the "early application" below, and the patent you plan to submit again will be called the "later application".

If the earlier application has not enjoyed priority on the filing date, the later application can be filed within one year from the filing date of the earlier application and claim the priority of the earlier application. A later application can be amended, but it may not enjoy the priority date (i.e. the filing date of the earlier application) if it is different from the earlier application. If a later application is submitted to the State Intellectual Property Office of China within the above time limit (within one year from the filing date of the earlier application), the earlier application will be withdrawn.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 repeated authorization.

In addition, it is very important where in the application document the changes you want to make are located. If it is in the "Background" section of the specification, generally no modification is necessary. If it is in the "claims", if there is a corresponding correct record in the description, you can make active modifications based on the correct record in the description. The time for active revision is when a request for substantive examination is made, or within three months of receiving the notice of entering the substantive examination stage. If the content is not covered by the claim and will not become potential claim content in the future, there is no need to amend it.

If it is more than one year from the filing date of the earlier application, but less than 15 months from the filing date, that is, the patent office is not ready to disclose it and it is impossible to disclose it, the earlier application can be revoked immediately. Apply again later. If it has been made public and there is no correct record in the previous application documents, it may be difficult to change it.

If a new later application is filed and the earlier application is not revoked and the priority of the earlier application is not claimed, the earlier application will destroy the patentability of the later application. Although the applicant may be a single person.

Supplement: The above mentioned are all inventions.

Utility models are not subject to substantive examination and will be authorized and announced after passing the preliminary examination. If a later application does not enjoy priority, you need to determine whether the utility model has been disclosed? If it is not disclosed, you can still withdraw your earlier application and reapply. However, other related technologies disclosed between the filing date of the earlier application and the later filing date will affect the patentability of the later application.

In addition, judging whether two applications are the same depends on whether the claims are the same. In other words, even if the descriptions of two applications are exactly the same but the claims are different, they are still considered two different applications. If your modifications to the claims of a subsequent application are significantly different from those of the original application, and the modifications bring about substantive features and improvements, you can resubmit the application.