Research on the Understanding and Application of Law Amendments Beyond the Scope
[Purposes]From the perspective of patent examination and patent application,the technical characteristics of the amended technical solution are clearly recorded in the original application docu-ments,and the judgment ideas and writing suggestions are given.[Methods]Based on the actual cases,this paper analyzes the factors that need to be considered in different amendment situations,and dis-cusses the understanding and application of amendments beyond the scope.[Findings]For the case of adding"recombine"technical features to the claims,it is necessary to focus on whether there is a close relationship between multiple technical features,and consider them as a whole according to the common general knowledge and description in the field.For the case of merging parallel technical solutions,it is necessary to verify the technical solutions in the revised claims and descriptions one by one.For the case where the content of the background art part is added to the claim,it is necessary to stand in the field of person skilled in the art,combined with the original application documents to determine whether it is amended beyond the scope.At the same time,the applicant should pay attention to the writing of the ap-plication documents,especially the specific embodiment,so as to provide the basis for amending the claims.[Conclusions]Through the above analysis,this paper hopes to promote the quality and efficiency of the patent examination,to ensure the stability of the patent rights.
amendments beyond the scope"recombine"technical featuresparallel technical solutionsbackground art
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