Research On The Modification Timing Of Patent Documents During The Invalid Procedure

On December 22,2015,the document that is named Several Opinions of the State Council on Speeding up the Construction of Powerful Country of Intellectual Property Rights in the New Situation stipulated clearly that we should improve the licensing system after the authorization of the patent.The Patent Review Guide,which came into effect on April 1,2017,adds a "obvious error correction" on the patent documents during the invalid declaration procedure,and changes the "merge modification" to "further restriction of the claim".Based on this,this article through the comparative analysis,historical analysis,literature analysis and other methods points out that there are still three major problems in the modification of the patent documents in our country:the fewer opportunities for modification,the shorter exercise period and the lower clear starting point.Then,this paper puts forward some specific suggestions that the patentee can make a clear error correction before the decision of the Patent Reexamination Board,different types of patents should be corresponded to different substantive review deadlines,and so on.In addition to the introduction and conclusion,this paper is divided into five parts.The first part discusses the legal system of the modification timing of patent documents during the invalid declaration procedure at home and abroad.The author points out from a macro perspective that there are few modification opportunities of the patent documents during the invalid declaration procedure in China,the shorter the exercise period and the lower clear starting point,and so on.The second part discusses the legal problem of the modification timing of the patent documents during the invalid declaration procedure in China from a micro perspective,such as whether to increase the chance of modifying the patent documents during the invalid declaration procedure in China,whether to increase modifying opportunities of the obvious error correction of patent documents during the invalid declaration procedure,whether to extend the exercise right,and so on.The third second part discusses legal basis of the modification timing of patent documents during the invalid declaration procedure in China.This article focuses on Article 33 of the Patent Law,which does not adjust the modification of patent documents in the invalid declaration.The power scope of the Patent Reexamination Board has reasonable effect on the modification timing of patent documents in invalid declarations.The fourth part puts forward three suggestions to improve the patent documents modification opportunities in our invalidation declaration:First,increase the modification opportunities of patent documents during the invalid declaration procedure;Second,revise to dedicate the patent documents modification procedures after the patent be authorized;Third,the patentee can make a clear error correction before the decision of the Patent Reexamination Board.The fifth part puts forward two suggestions to perfect the modification period of the patent documents in our country's invalid declaration:First,the Exercise Period of Further Defined by the Claims is one month,and the period should be extended;Second,it should be recommended that the period of substantive examination of the patent documents during the invalid declaration procedure,so as to facilitate the exercise period of deletion modification.