Fundamental Issues Concerning Amendments to Patent Documents:Principles,Criteria and Rules  

作　　者：Zhu Li 

机构地区：[1]IP tribunal of the Supreme People's Court [2]the centre of Competition Law of Peking University [3]the Institute for International Intellectual Property of Peking University

出　　处：《中国专利与商标》2015年第3期24-40,共17页China Patents & Trademarks

摘　　要：<正>Amendments are allowed to be made to application documents by patent laws of various countries,~1 but with certain conditions and requirements.Similar provisions are set forth in Article 33 of the Chinese Patent Law.Over recent years,the patent administration department tends to be increasingly strict about the criteria of Article 33 of the Chinese Patent Law,leading to the gradual increase in the number of patent grant and validation cases in this regard as wellAmendments are allowed to be made to application documents by patent laws of various countries,＇but with certain conditions and requirements. Similar provisions are set forth in Article 33 of the Chinese Patent Law. Over recent years, the patent administration department tends to be increasingly strict about the criteria of Article 33 of the Chinese Patent Law, leading to the gradual increase in the number of patent grant and validation cases in this regard as well as criticisms from the IP field day by day. The Supreme People＇s Court of the PRC （hereinafter referred to as the Supreme People＇s Court） has made clear its attitude towards the criteria for amendments to application documents in many cases since 2011. However, there are still disputes over interpretations of the aforesaid judgments in the IP field to date,

关 键 词：专利 专利法 著作权 商标 

分 类 号：D923.42[政治法律—民商法学]