How is the patent applicant's right to modify stipulated?
How is the patent applicant's right to modify stipulated? According to the provisions of China's patent law, after the patent application is authorized by the patent administration department, the patent has the patent right and is protected by law. When applying for a patent, the patent applicant has the right to amend it. So how is the patent applicant's right to modify stipulated? How is the patent applicant's right to modify stipulated? Article 33 of the Patent Law stipulates the right of the applicant to modify the patent application, that is, the applicant may modify his 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 indicated in the original pictures or photographs. It can be understood as 1. Applicants can modify their patent application documents, which is a right granted to patent applicants by law. Patent applicants may need to modify their patent application documents for various reasons after applying for a patent and before being granted a patent right. For example, you may think that some parts of your patent application documents are unclear and inaccurate, or some data need to be recalculated and changed. Therefore, the law allows patent applicants to modify their patent application documents. The modification of patent documents by the applicant stipulated here is different from the modification of patent application by the applicant according to the request of the patent administration department of the State Council as stipulated in Article 37 of this Law. The following are the amendments proposed by the applicant. According to the relevant provisions of the detailed rules for the implementation of the Patent Law, the applicant for a patent for invention may take the initiative to modify the application for a patent for invention when making a request for substantive examination or replying to the first substantive examination opinion of the Patent Office. An applicant for a patent for utility model or design may, within three months from the date of application, voluntarily propose amendments to the application for a patent for utility model or design. For example, the original text and illustrations can be modified to make them clearer and more accurate; Or the original technical scheme can be modified and supplemented to make it more perfect. However, the applicant shall not modify the patent application documents beyond the scope prescribed by law. 2, about the scope of the applicant to modify the patent application documents. In accordance with the provisions of this article, the scope of revision of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specification and claims; The modification of the application documents for a patent for design shall not exceed the scope shown in the original picture or photograph. How to stipulate the right of amendment of patent applicants? We are here to answer this question for you. If you want to know more, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, professional business team and the concept of serving customers wholeheartedly, which can help you apply smoothly.