Can the patentee amend the claims during the review process of the invalidation request?

According to the provisions of the Implementing Rules of the Patent Law, during the review process of a request for invalidation, the Patentee of an invention or utility model patent may amend its claims, but shall not expand the scope of protection of the original patent. Regarding the issue of whether the patentee can amend the claims during the review process of the invalidation request, the editor of Legal Savior Network will give you a detailed answer below.

1. Whether the patentee can amend the claims during the review process of the invalidation request

1. The patent requirements can be modified. The provisions for modification are as follows:

(1) During the review process of a request for invalidation, the patentee of an invention or utility model patent may modify its claims, However, the scope of protection of the original patent shall not be expanded.

(2) The patentee of an invention or utility model patent shall not modify the patent specification and drawings, and the patentee of a design patent shall not modify pictures, photos and A brief description.

2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"

Sixth Article 19 During the review process of a request for invalidation, the patentee of an invention or utility model patent may amend its claims, but may not expand the scope of protection of the original patent.

The patentee of an invention or utility model patent may not modify the patent specification and drawings, and the patentee of a design patent may not modify pictures, photos and brief descriptions.

2. What are the contents of the patent request

The patent request is one of the main application documents for granting a patent. It is generally filled out in accordance with the standard form provided by the patent office. The main projects are:

⑴Invention, utility model or design name. The name should be short, concise and accurate.

⑵The name of the inventor or designer. Name - generally required to be truePlease provide your full name without adding “comrade” or other titles after your name.

⑶Applicant’s name or unit name. If the applicant is an individual, the name should be written; if the applicant is an organization, the name of the unit should be written. Do not use the abbreviation of the unit name. If a patent application is jointly filed by several persons, a co-applicant or agent must be designated as their representative. Those not designated are represented by the first signatory.

⑷Applicant’s address. Generally, the applicant's permanent address should be stated. Applicant addresses should be written in a way that facilitates quick and accurate delivery. Some countries also require postal code, telephone number, telegram, telex registration, etc.

(5) Application date. The application date is the date of applying for a patent, which is usually determined by the date when the patent application documents are received by the Patent Office; if the application documents are sent by the post office, the date of the postmark is the date of application.

(6) Priority. Priority is the right to enjoy priority treatment. If there is a priority date, the country of filing of the first patent application, application date and application number should be indicated.

According to the provisions of the Implementing Rules of the Patent Law, during the review process of a request for invalidation, the patentee of an invention or utility model patent may modify his claims. However, the scope of protection of the original patent shall not be expanded. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.