Both the claims and the specification can be modified, but they cannot go beyond the scope of the original application documents. Based on the revised claims, the specification should be modified adaptively. However, you can also wait until the examiner agrees to authorize. As far as invention patents are concerned, except for some invention patents that need to be kept secret, general invention patents need to go through the stages of acceptance, preliminary examination, publication, actual examination and authorization announcement. Generally, it will be announced within 18 months from the date of acceptance, and then the actual examination stage. It usually takes about 3 years to get authorization, but it does not rule out a longer time. In order to speed up the time limit for obtaining the patent right, we can apply for publicity in advance, so that it can be made public after passing the preliminary examination, and then enter the actual trial stage, which can speed up the progress of authorization. As far as utility model and design are concerned, it needs to go through the stages of acceptance, preliminary examination and authorization announcement. Because there is no need for substantive examination, the time for authorization of utility models and designs is relatively short, generally 6- 10 months.
legal ground
patent law of the people's republic of china
Article 9 Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, nor may it use the patented method and use, promise to sell, sell or import the product directly obtained according to the patented method.
After the design patent is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented product for production and business purposes. Article 16 An inventor or designer has the right to state clearly in the patent document that he is an inventor or designer.
The patentee has the right to indicate the patent mark on his patented product or the packaging of the product. Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. Article 32 An applicant may withdraw his patent application at any time before being granted the patent right. Article 33 An applicant may modify the patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specifications and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs.