When applying for a patent on an invention or a utility model, applicants may need to modify their application for various reasons. This could include dividing, merging, amending, or even transferring the application based on legal requirements. Below, we outline the key aspects of these modifications and what applicants need to keep in mind.
1. Changes Allowed During the Examination Process
After the filing date, applicants can make the following modifications during the substantive examination process, provided they pay the necessary service fees:
1.1 Division of Patent Applications
Applicants may request to split their patent application into two or more separate applications while retaining the original filing and priority date. Each divided application will require its own service fee.
1.2 Merging of Patent Applications
- If multiple patent applications relate to inventions designed to be used together, they can be merged into a single application.
- Similarly, utility model applications that are intended for joint exploitation may also be merged.
1.3 Amendments and Changes
legal and technical requirements.
1.4 Transferring Between Patent Types
- If an invention patent application meets the legal criteria under Articles 8, 9, and 10 of Law on Patent, it may be converted into a utility model patent application.
- Likewise, a utility model patent application meeting the requirements under Articles 5, 6, and 7 of the Law on Patent may be transferred into an invention patent application.
2. Refusal and Dismissal of Patent Applications
Applicants may voluntarily withdraw or have their patent application refused at any stage of the examination process. However, if a patent application is dismissed and has not been publicly disclosed, it will not be considered part of prior technical knowledge. This means the applicant can submit a new application for the same invention or utility model.
3. Impact of Modifications on Original Application Content
If any modifications change the original content of the filed patent description, the applicant must submit a new patent application instead of an amendment.
Final Thoughts
Understanding these modification options can help applicants navigate the patent application process more effectively. Whether you’re dividing, merging, or transferring your patent, ensuring compliance with the relevant legal provisions is crucial for a successful application.
Making changes to your patent application is easy and flexible—you just need to follow the right steps! If you need help navigating the process, our experts are here to assist you.
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