|Patent Act Article 139May 1, 2019|
Post-grant amendment of design patent
The patentee filing a request for amending the description or drawing(s) of a granted design patent shall only conduct the following s:
Except for correction of translation errors, a post-grant amendment shall not extend beyond the scope of content disclosed in the description or drawing(s) as filed. "For a patent application for design filed by providing the description and drawing(s) in a foreign language pursuant to Paragraph 3 of Article 125, correction of translation errors shall not extend beyond the scope of content disclosed in the original foreign language documents as filed.
A post-grant amendment shall not substantially enlarge or alter the scope of drawing(s) as published.
|Patent Act Article 125May 1, 2019|
Filing date "A patent application for design shall be filed with the Specific Patent Agency by the owner of the right to apply for a patent by providing a request form, description and drawing(s). "The filing date of a patent application for design shall be the day on which the request form, description and drawing(s) are provided in full. "Where an applicant does not provide a description and drawing(s) in Chinese at the time of filing, but in a foreign language, and where the Chinese translation for the said documents is provided within the time period specified by the Specific Patent Agency, the filing date shall be the date on which the foreign language version is originally provided. "Where the Chinese translation is not provided within the specified time period as stated in the preceding paragraph, the patent application for design shall be dismissed; however, if the Chinese translation is provided prior to the dismissal decision is served, the date on which the Chinese translation is provided shall be regarded as the filing date, and the foreign language version shall be deemed not to have been provided.
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Provided by Kingdoms Law