What is not allowed for the patentee to modify during the review process of the invalidation request?

During the review process of the invalidation request, the Patentee may amend its claims. However, 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. Regarding the question of what the patentee is not allowed to modify during the review process of the invalidation request, the editor of Legal Savior Network will answer it in detail for you below.

1. What the patentee is not allowed to modify during the review process of the invalidation request

1. During the review process of the invalidation request, the patentee may modify its claims, but the following shall not be modified:

(1) Invention Or the patentee of a utility model patent shall not modify the patent specification and drawings;

(2) The patentee of a design patent shall not modify pictures, photos and brief descriptions illustrate.

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

Seventh Article 19 The patent management departments referred to in the Patent Law and these Rules refer to the patent management departments established by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, as well as the people's governments of districted cities with large workloads of patent management and the ability to actually handle them. department.

2. Situations in which modifications to the patent specification are allowed

Permissible modifications to the specification include the following situations:

(1) Modification of the invention name , so that it accurately and concisely reflects the name of the claimed subject matter. If the types of independent claims include products, methods and uses, these claimed subjects should be reflected in the invention title. The name of the invention should be as short as possible and should not exceed 25 words.

(2) Modify the technical field to which the invention belongs. The technical field refers to the technical field reflected by the classification position of the invention in the International Patent Classification Table. In order to facilitate the public and the examiner to clearly understand the invention and its corresponding prior art, modifications to the invention should be allowed.Belongs to a technical field, making it relevant to the field covered by the lowest classification position in the International Patent Classification Schedule.

(3) Modify the background technology part to make it suitable for the claimed subject matter. If an independent claim is drafted in accordance with the provisions of Article 22 of the Implementing Rules of the Patent Law, the background technology part of the description shall record the content related to the prior art described in the preamble of the independent claim, and cite documents reflecting these background technologies. . If the examiner discovers through search a reference document that is closer to the claimed subject matter than the prior art cited by the applicant in the original specification, the applicant shall be allowed to amend the specification, add the content of the document to this part, and cite the reference document. documents, while deleting content describing irrelevant prior art. It should be pointed out that this modification actually adds content to the description that was not recorded in the claims and description of the original application. However, since the modification only involves the background technology and not the invention itself, and the added content is existing information that is already known before the filing date, technology and is therefore allowed in accordance with international practice.

According to the provisions of the Implementing Rules of the Patent Law, during the review process of a request for invalidation, the patentee may amend its claims. However, 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. 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.