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What are the circumstances under which a patent application document cannot be amended after submission?
Release Time：
2022-08-26
A:
After the submission of the patent application document, any amendment to the specification and claims that does not conform to the provisions of Article 33 of the Patent Law is not allowed, that is, any amendment beyond the scope of the claims and specifications recorded in the original application document is unmodifiable.
In particular, if, by adding, changing and/or deleting part of it, the information seen by the technical personnel of the technical field is different from the information disclosed in the original application, and it cannot be directly and undoubtedly derived from the information disclosed in the original application, then such modification is not permitted.
Therefore, for non-modifiable cases, mainly include the following:
1. Include in the claims and/or specifications certain technical features that cannot be directly and explicitly identified from the original specification and/or claims;
2. The addition of information to make the disclosed invention clear or to complete the claim that is neither directly derived from the original specification and/or claim nor directly available to the general knowledge of a person skilled in the technical field;
3. The added content is the technical characteristics of the size parameters obtained by measuring the attached drawings;
4. The introduction of additional components not mentioned in the original application documents, resulting in special effects not included in the original application;
5. Add beneficial effects that cannot be directly derived from the original application by technicians in the technical field;
6. Supplementary experimental data to show the beneficial effects of the invention, and/or supplementary embodiments and embodiments to show that the invention can be implemented within the scope of the protection claimed by the claim;
7. It is generally not permitted to add drawings not mentioned in the original specification; However, if the additional drawings are drawings of background technology, or if the original drawings of known technology are replaced with drawings that most closely resemble the prior art, they should be allowed.
Source: Intellectual Property Classroom
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