Research On Modification Of Patent After Authorization

The claims define the specific scope of a patent protected by law,which is an important basis for determining the right of a patent and judging whether a patent is infringed or not.One side of the circle is the legitimate rights and interests of the patentee,and the other side is the interests of the public.Therefore,the claims that clearly define the scope of patent protection must be clear and concise while ensuring its accuracy.However,due to the uncertainties of language and words,the uneven level of patent attorneys,and the subjective influence of the review,there is often some text,logic,and other defects in a claim.In order to give patentees the opportunity to make up for these mistakes and better realize the legislative purpose of the Patent Law to promote innovation,our patent law currently grants patent holders varying degrees of modification rights in patent applications and patent invalidation procedures.Regulations concerning Modification of Claims After Patent Licensing At present,our country only makes a principled statement on the extension of the scope of protection of the original claims in Article 69 of the current implementation rules of the Patent Law.Therefore,confusion in interpretation is often apt to appear in practical cases,leading to various differences among patent agents,reexamination committees,and courts.At the same time,the amendment in the invalidation procedure imposes great restrictions on the patentee,and they need to bear the risk that the originally valid patent is declared invalid.Many patent owners know that their patents are problematic and are not willing to modify patents through invalid procedures.This has resulted in a large amount of low-quality,unimplementable patent backlogs and further pushing down the overall level of patent quality in China.The State Council’s Opinions on Several Opinions on Accelerating the Construction of a Powerful Intellectual Property in the New Situation,clearly clarified that the system for modifying post-grant patent documents should be improved to further improve the quality of patents.In this regard,this article summarizes and analyzes the post-grant modification system for foreign patents,and integrates the problems existing in the revision of China’s patent grants,with a view to making recommendations for the post-patent authorization system in China.In addition to the introduction and summary,the full text is divided into three chapters:In the first chapter,this chapter discusses in detail the rules for modifying patents after China’s authorization,and summarizes the status and significance of the rules for the amendment of patent documents in China,and the rules for the modification of patents after authorization,and clarifies the current status of amendments to patents after China’s patent authorization.The following papers unfolded,affirming that at present China’s patent law moderately liberalizes the revision of documents after patent authorization,and at the same time summarizes the requirements for modifying rules after China’s patent authorization,including the starting entity,starting conditions,modifying the object,modifying methods,and modifying Effectiveness and so on.In the second chapter,this chapter reviews the laws and regulations of the United States,Japan,the European Union and other countries and regions after the patent is authorized,and analyzes the revision methods after patent authorization in various countries.Focusing on the main body of amendments included in the first chapter of China’s post-grant patent modification rule,the scope of revision,the effectiveness of amendments,and the review,summarization and summarization of amendments to patents after the authorization of foreign countries,and afterwards,the United States expanded the scope of protection to amend the type---The conditions and effectiveness of re-granting of patents were introduced and analyzed.Finally,after the patents were authorized in the United States,Japan,and the European Union,the modified objects could be used for the specification and drawings,providing general research ideas for the construction of amendment procedures after patent granting in China.research material.In the third chapter,this chapter mainly discusses the development and improvement of relevant rules and regulations in China after the patent is authorized,summarizes the points in Chapters One and Two,and compares the revision system of foreign patents with the related system in China,and grants patents to China.The post-modification system can be discussed with reference to the experiences of other countries,including adding the content of correction procedures,adding specifications and drawings,and discussing the three aspects of revising the object and revising the way to amend the modification principle.