Can I amend a patent application that has already been filed?

Many customers have asked us, can the patent application documents that have been filed still be amended? Indeed, because a patent application will take a while, the applicant may need to revise the patent application documents during this process. After submitting the patent application documents to the patent office, the applicant can make amendments to his patent application documents at the patent application stage, so let's take a closer look at them.

Can I amend a patent application that has already been filed?1. Reminder of the eight precepts of intellectual property rights for the modification of the request: The modification of the request must be handled through the special procedures for the change of bibliographic items, and the applicant must fill in the declaration form for the change of bibliographic items, and a certain fee shall be paid for the change of the applicant, inventor and other bibliographic items.

2. The modification of the specification is mainly limited to the non-substantive part, and the modification of the substantive part, such as the purpose of the invention, the technical solution and the embodiment, is not allowed. 3. The amendment of the claims shall be based on the description and shall not exceed the scope of the description. Modifications to the design or ** are limited to unclear lines or obvious errors in the view.

Bajie Intellectual Property Rights Reminder: When submitting the application documents after modification, you should fill in the amendment or statement of opinion according to the regulations, indicate the name and content of the revised documents, and submit the replacement pages of the revised documents, and also attach a list of documents to be submitted after the application. There are two opportunities to revise the application documents.

The first time is when a request for substantive examination is filed; The second is when the patent examiner responds to the first notification of substantive office action. The amendment of the application documents for a patent for invention shall not exceed the scope recorded in the original description and claims. The time limit for amending the application documents is 3 months from the filing date.

At the same time, the law has restrictive provisions on the amendment of patent application documents, and the modification of utility model application documents shall not exceed the scope recorded in the original description and claims. The time limit for amending the application documents is limited to the amendment of the design patent application documents within 3 months from the filing date, and shall not exceed the scope indicated in the original ** or **. Can I amend the documents of a patent application that has already been filed?

Well-off answers for you:

In the process of preparing the application documents, the applicant obtains an early filing date in order to submit the application documents as soon as possible, and there may be some deficiencies in the application documents written due to the rush of time, insufficient search, etc. Therefore, after the application documents are submitted, the applicant may wish to make amendments to the application documents, such as expecting to increase the number of claims, modify the expressions in the specification, etc., so the patent application documents that have already been filed can still be amended.

However, there are also provisions for amending the application documents, as follows:

According to Article 51 of the Detailed Rules for the Implementation of the Patent Law, the applicant has two opportunities to amend an invention application, the first time is when filing a request for substantive examination, and the second time is three months from the date of receipt of the notice issued by the State Intellectual Property Office that the invention patent application has entered the substantive examination stage.

For the two types of patent applications, utility model and design, since there is no need for substantive examination, there is only one opportunity for them to be amended: the patent applicant can take the initiative to amend the utility model or design patent application within two months from the filing date.

It should be noted that although the applicant can also amend the application documents in response to the notification when receiving the notification of reasons for office issued by the CNIPA, the applicant should amend the defects pointed out in the notification at this time, so the applicant's right to amend is greatly limited at this time, for example, the addition of new claims is not allowed.

As the saying goes, there is no time to lose. If the applicant wants to make voluntary changes to the application documents, he or she must take advantage of the opportunities mentioned above.

Hope mine can help you!

Legal Analysis: Yes, but the amendments must not exceed the scope prescribed by law.

Legal basis: Patent Law of the People's Republic of China Article 33 The applicant may amend the patent application documents, however, the modification of the invention and utility model patent application documents shall not exceed the scope of the original specification and the claims recorded, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** expression.

OK. Article 33 of the Patent Law of the People's Republic of China stipulates that the applicant may amend his patent application documents, but the modification of the invention and utility model patent application documents shall not exceed the scope of the original Fusui Ji specification and claims, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** expression.

Legal basis: Article 33 of the Patent Law of the People's Republic of China.

The patent application can be amended after it has been filed. However, the amendment of the invention and utility model patent application documents shall not exceed the scope of the original description and claims, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** expression.

Legal basis] Article 33 of the Patent Law, the applicant may amend the patent application documents, however, the modification of the rubber notice and the utility model patent application documents shall not exceed the scope of the original description and claims, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** Liang socks express.

The patent application can be amended after filing. The applicant may amend the patent application documents, however, the amendments to the invention and utility model patent application documents shall not exceed the scope of the original description and claims, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** expression.

Legal basis: Article 33 of the Patent Law of the People's Republic of China The applicant may amend the patent application documents, however, the amendment of the invention and utility model patent application documents shall not exceed the scope of the original description and claims, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** expression.

What documents need to be submitted for a patent application.

1. Where an application for an invention or utility model patent is made, the request, the description and its abstract and claims shall be submitted. The request shall clearly state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available.

The abstract shall briefly describe the technical points of the invention or utility model. The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection. For inventions and creations that rely on genetic resources, the applicant shall state the direct ** and original ** of the genetic resources in the Chinese document of the patent application; If the applicant is unable to explain the original **, the reasons shall be stated.

2. Where an application for a design patent is made, a written request, a brief description of the design and other documents shall be submitted. The applicant submits a request for the design of the product for which the patent protection is claimed.

Article 26 of the Patent Law of the People's Republic of China Where an application for a patent for invention or utility model is made, the request, the description and its abstract and claims shall be submitted.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The description shall give a clear and complete description of the invention or utility model, to a person skilled in the art to which it belongs.

The patent application can be amended after filing. The applicant may amend the patent application documents, however, the amendments to the invention and utility model patent application documents shall not exceed the scope of the original description and claims, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** expression.

Legal basis: Article 30 of the Patent Law of the People's Republic of China The applicant may amend the patent application documents, however, the modification of the invention and utility model patent application documents shall not exceed the scope of the Tancong Bureau recorded in the original description and claims of Zheng Clan, and the modification of the design patent application documents shall not exceed the scope of the original ** or ** expression.