11.3 Are there any restrictions on filing a Post-Grant Amendment?
The patentee requesting amendment to the description, claim(s), or drawing(s) of a granted patent may only carry out the following:
(1) delete claim(s);
(2) narrow down scope of claim(s);
(3) correct errors or translation errors; and
(4) clarify ambiguous statement(s).
Except for correction of translation errors, a post-grant amendment should not go beyond the scope of disclosed description, claim(s), or drawing(s) as filed. If a patent application’s description, claim(s), and drawing(s) are in a foreign language, the correction of translation errors shall not go beyond the scope of disclosed content in the original foreign language documents as filed.
A post-grant amendment of a granted invention or utility model patent should not substantially expand or alter the scope of the claim(s) as published. A post-grant amendment of a granted design patent should not substantially expand or alter the scope of drawing(s) as published.
- Publish Date : 2020-09-11
- Update : 2020-09-14
- Organization : International Legal Affairs Office
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