Main Amendment:
(1) The allowable period for making a post-grant amendment application to utility model patent; and
(2) the requirement of substantive examination
Regarding (1):
Since substantive examinations are not applied for utility model applications, to avoid the claim scope of such patents from being changed after post-grant amendment applications have been approved, thereby affecting a third party’s interests, the timing which a patentee can apply for a post-grant amendment has been revised. Also, substantive examination will be conducted from now on for utility model post-grant amendment application.
(1) During the invalidation is processing:
A request for post-grant amendment application filed prior to the implementation of the amendment of the Patent Law shall be accepted.
A request for post-grant amendment application filed after the implementation of the amendment of the Patent Law shall be accepted only when the Patent Office notifies the patentee to provide a response or a supplementary response or when an earlier-filed request for post-grant amendment is not approvable.
(2) When a post-grant amendment application is filed independently:
A request for post-grant amendment application filed prior to the implementation of the amendment of the Patent Law shall be accepted, and a substantive examination is conducted for the utility model post-grant amendment application.
A request for post-grant amendment application filed after the implementation of the amendment of the Patent Law shall be accepted only when a request for technical evaluation report of the utility model patent is pending or when a litigation case involving the utility model patent is pending, and a substantive examination is conducted for the utility model post-grant amendment application.
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