The patent application is generally amended to bypass the objection raised by the patent office examiner. Although the opposition is not known at the time of filing, it is possible that the claimed invention may not be new due to some prior art which emerged during the official search. The examiner may also argue that the claimed invention is not a sufficient invention. This is because the present invention is not actually anticipated, but the prior art is pointed out by those skilled in the art.
If an effective novelty or inventive objection is brought, it can usually be deducted by changing the claim. The proposed amendment will change the argument to exclude things that are not new or are not inventions, in light of the newly available prior art.
Combination combination
The easiest modification is simply to combine one of the application's dependent claims into the main claim. The patent office examiner usually indicates whether each individual's claim is expected, but in general it should be possible to judge at a glance whether such amendment will dismiss the objection . In other words, the examiner is allowed to change his / her thoughts.
One of the advantages of including a number of dependent claims at the time of application is that it can reduce prosecution costs by providing opportunities to do these very simple adjustments to overcome objections.
Other revisions
Simply combining the two claims is quick and cost-effective, but it may not be the best way to get the maximum protection level. After all, the prior art which is causing the problem is probably not known to the attorney who drafted the application, none of the subordinate claims can overcome the prior art while maintaining a reasonably broad claim It may not be suitable.
It is possible to raise explanations from other parts of the specification to claims. This may be particularly useful when the prior art is in practice quite different from the present invention, but technically when reading the words of the claims. It is possible to come up with something fresh beyond conventional technology by clarifying what claims actually meant that claims that should be possible if a number of backing descriptions are provided.
Though not specifically described, it is possible to add things to claims that are clearly shown in the drawings. However, if possible, it is more preferable to follow the language stated in the submitted application.
There is no added theme
Adding technology subjects to applications after filing is strictly forbidden. Fixing to add problems leads to further disputes from the Patent Office.
Matter is said that the teacher of the corrected patent application is added to the expert who has never read the specification at the time of application and has never acquired it. Rules are strict, and in the absence of a basis for submission, even detailed details can not be introduced into the specification.
Perhaps paradoxically, if the disclosure of the results covers a wider range than what was originally described, you can add objects sometimes to the application from time to time by deleting words. For example, in the case where the application form states "wheels with six spokes", if the word "6" is deleted, the explanation suddenly displays a much wider range of wheels than before, so a problem is added It will be. This is not allowed.
There is no complete prohibition on extending the scope of claims before granting a patent. However, it may be difficult to expand the adjustment. Where a submitted patent application points out that a particular feature is essential to the invention and gives it a great inventive significance, one skilled in the art will probably include certain features in the end.
Amendment after grant
It is also possible to revise after granting it and it can be used to keep the validity of the patent where further prior art becomes clear. However, the sponsorship amendment is subject to additional restrictions that the scope of protection can not be expanded. In other words, we can not extend the claim at all.
It is absolutely important not to create a revision plan to add problems during the application process. Even if the examiner is ready to author such a claim, the added matter can be removed only by extending the claim, which is impossible, so that the obtained patent becomes irretrievably invalid I will.
Overview
Modifications are a normal part of patent application procedures, and most applications are adjusted in some way before subsidies. Post-grant modifications are less common, but there is no flexibility to retain valid patents later with related prior art.
Fix can not add technical subject. It is therefore essential that full disclosure, including a combination of optional features and alternatives, be provided at the time of submission. This is one reason why a patent application is drafted by a qualified patent attorney who needs complete details of the invention to do thorough work.
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