The Modification Mechanism After Patent Authorized

At present,the amendment procedure in China's patent invalidation announcement is the only way for the patentee to modify the authorized documents,and it is important to both the patentee and the public.According to the present status,we put the following things together,like correcting the obvious mistakes,modifying the claims,giving up some of the claims,and application for invalidation of patents.This makes the program overwhelmed and the function becomes vaguer.This makes insufficient protection of the rights of patentees,and it also affects the overall quality of our patents granted.The newly revised "Patent Examination Guidelines"(hereinafter referred to as the "Guidelines")in 2017 has expanded the way of amending the claims.According to the first paragraph of section 4.6.2 of Chapter 3 of Part 4 of the Guidelines,it is allowed to correct the obvious errors in the claims,but the obvious erroneous amendments are still set in the invalidation proceedings.In other countries,the revision system of the apparently erroneous often provides patentees with an independent amendment procedure.For example,patentees in countries such as the United States and Japan may apply to initiate an independent modification process to make reasonable and legal changes to the scope of patent rights that they have authorized.The amendment of the content with obvious errors also has the significance and necessity of independently setting up the corresponding amendment system.Today,although China has become one of the largest countries for patent applications,the number of patents is still high and the quality of patents is lower.Ifwe further improve our amendment system,it will have important strategic significance for correcting patents for problems and improving the quality of patents.At the same time,it will also prevent patentees from becoming passive because of patent issues.If the patentee wants to modify errors in claims,he must file an invalid application for his patent.However,the nature of the invalidation procedure determines that the modification in the program has a great risk of losing the right to patentees.It is very difficult for patentees to apply for the declaration of their own patent invalidation to realize the modification of the patent,and they are passive to enter this procedure in most times.In addition,there are some problems that patentees is difficult or unsuitable to modify through an invalid procedure because the patentee does not have any ineffective intentions,such as the original patent protection scope is too large.The post-authorization modification mechanism can enable patentees to reasonably define the scope of patent protection,bring patentees with patent reserves and defense mechanisms to meet market demands,and promote the commercialization of patents.The first part of this paper first analyzes the principle.The first section explains the reasons for allowing the patent to be modified after authorization.At the same time,it analyzes the necessity of restricting the modification after patent authorization.The second section analyzes the current status of amendments after China's patent authorization,that is through amendments to the invalidation procedure,and elaborates the changes in laws and regulations that govern changes in the invalidation procedures and the principles to be followed in the revision.The second part of the paper points out the problems in the revision process of invalid programs in China,mainly including the fact that the current way of amendment after authorization in our country is single,and relies completely on invalid procedures for the correction of obvious mistakes,and the discarding of some patents must through the review of invalid procedures.After the revision,the review of the Patent Reexamination Board was overburdened.The root cause of these problems is the deviation of the amendment procedure itself from the original intention of establishing an invalidation system.We put obvious errors amendments,and partial abandon of patents into the invalidation procedure.Neither has it taken into account the modification of the patentee.The procedure is also wasting some of the review resources.The third part of this paper introduces the foreign regulations and the comparative study with China's system.First of all,it reviews the post-grant modification procedures of the United States,mainly including correction,reissue and post grant review procedures.Through comparative research,it can be found that all countries in the world have set a variety of paths for modification after granting patents,and have made relatively perfect provisions on the time,circumstances,principles,methods,and scope for requesting revisions,which can be used for reference by our country.The fourth part of the paper elaborates the author's suggestions for improving the system after perfecting the patent authorization,mainly including:(1)The initiative to modify the patent should be added,and the active modification procedure should be divided into two directions to distinguish the correction and amendments of the claims.(1)It is allowed to correct mistakes in independent way outside the invalid program.If the examiner's think the error is obviously,they will not review any more;(2)As to modify the mistakes or other types of problems in the claims,examiners must take further examination;(2)It is important to balance the interests between the patentees and the public,so we need limit the modification after authorization,mainly from the aspects of modification,modification basis,modification principle and modification time.