What Are The Provisions For Withdrawal And Amendment Of Patent Application Documents?

The applicant may at any time before the patent right is granted.

The applicant may carry out the patent application document.

If the applicant withdraws the patent application, he shall make a statement to the patent administration department under the State Council, and specify the name, application number and application date of the invention creation.

A declaration of withdrawal of a patent application is filed after the Patent Administration Department of the State Council has made preparations for publishing the patent application document, and the application document is still being published. However, the declaration of withdrawal of the patent application shall be announced in the patent gazette published later.

If the instructions in the instruction manual contain descriptions of the drawings, but no drawings or parts of the drawings are missing, the applicant shall fill in the attached drawings or declare in the time limit specified by the patent administration department under the State Council the instructions to the drawings.

If the applicant submits the attached drawings to the administrative department for patent under the State Council, the date of submission of the drawings shall be the date of application, and the original application date shall be retained if the description of the drawings is cancelled.

Within 3 months from the date when a substantive examination request is submitted, and when the application for invention patent application issued by the Patent Administration Department of the State Council has entered the substantive review stage, the applicant for the invention patent may initiate an amendment to the application for invention patent.

Within 2 months from the date of application, the applicant for a utility model or design patent may apply for amendment to the application of the patent for utility models or designs.

If an applicant revises the patent application document after receiving the notice of examination issued by the administrative department for patent under the State Council, it shall make amendments in accordance with the requirements of the notice.

The patent administration department under the State Council may amend the obvious errors in the written documents and symbols in the patent application documents.

If the patent administration department under the State Council modifies itself, it shall notify the applicant.

In addition to modifying or adding or deletions of individual words, the revision of the application for invention or utility model patent shall be submitted in accordance with the prescribed format.

The revision of the picture or photo of the patent application for the design shall be submitted to the replacement page according to the regulations.

The claimant may amend the patent application document when he makes a request for reexamination or replies to the notice of reexamination of the Patent Reexamination Board; however, the amendment shall be limited to eliminating the defects pointed out in the notice of dismissal or the notice of reexamination.

The amended Patent application documents shall be submitted in two copies.

In the process of examining the request for invalidation, the patenor of the invention or utility model patent may modify its claim, but the scope of protection of the original patent shall not be extended.

The patenor of a patent for invention or utility model shall not alter the patent specifications and drawings, and the patenor of the patent for design shall not alter the pictures, photographs and brief descriptions.