Case Study Of Patent Document Modification In Patent Invalidation

Claimdefinesthe specific scope of the protection of the law of the patent right,which is the basis of the patent right,the infringement and so on.On the one side of the boundary of the claim is the legitimate rights and interests of the patentee,the other side is the interests of the public,so when make a clear distinction of the scope of the patent protection of the claims,we must be clear and brief while ensuring its accuracy.However,due to the uncertainty of language,the level of patent agents and the subjective aspects of the review and other factors,a claim often appears a lot of text,logic and other defects.In order to give the patentee the opportunity to make up for these negligence and to better realize the legislative purpose of patent law to promote innovation,the patent right of our country gives the patentee the different degree of modification right in the patent application and invalidation procedure of patent right respectively.Our country only rule the principle of the scope of protection of the original claim shall not be expanded in the Detailed rules for the implementation of the Patent Law in Article sixty-nine.So in practice cases are often prone to explain the confusion,leading to the various differences in patent agents,the review committee and the court.The State Intellectual Property Office also noted this issue,in 2016 issued a "patent review guidelines to amend the draft(comments)(2016)" and finally adopted the review guidelines to be implemented in April 2017.This article put forward some constructive suggestions through the problems highlighted in the question typed casesand the problems of refraction of the comprehensive investigation of the judiciary,the patentee,the review of the views of these issues in the game.The full text can be divided into three parts: introduction,text and conclusion.The introduction part mainly introduces the question,the research value and significance of this article,the literature review and the main research methods of this article.The text part includes four chapters:Chapter 1: Overview of the revision of patent documents in the invalidation of patent rights.To study the modification of patent documents we need to need to gain a deeper understanding of the changes in content and the impact factors.In this chapter,The author first defines what is the patent document,combined withthe development of China's rules of patent documents modification,summarizes the factors that impact therules of patent-related documents modification,which is the basis for the following chapters' analysis and discussion.Chapter 2: "Obviously errors" modification.Classify typical cases to analyze the types of reasons that may be presented is the “Obviously errors” in the practice,and combine the principles of the review committee and the judiciary in the review,thus summing up the necessity and judgment principle of the obvious errors in the practice.Chapter 3: Modification of technical and technical features.Though the other aspects of the refinement level of the modified elements and combine with the typical cases,we find the conclusion of the two principleswhich are clear on the scale of the modification of technical feature or the modification of the technical.Chapter 4: Specific advice combine with the decision of the modification of the new review guidelines.In this chapter,the author analyzes the modify direction in the decision on the basis of the theory and practice.Then combine with the questions in the first two chapters the author put forward some suggestions to further improve China's current patent review system,take into account the interests of patentees and the public and achieve the legislative purpose of patent law.The concluding part reviews the main contents of this article and summarizes the author's main points.