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Amendment/supplementation/division/conversion/transfer of applications
1. Amendment and supplementation of applications
a/ Before the NOIP issues a notice on its rejection of an application,a notice on its refusal to grant a protection title or a decision on the grant of a protection title,the applicant may amend or supplement documents of the application on his/her own initiative or upon the request of the NOIP.
b/ In response to a request for amendment or supplementation of the following documents,the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents:
(i) Invention description or abstract,for an invention registration application;
(ii) Drawings,photos or description,for an industrial design registration application;
(iii) Mark specimen,list of goods and services bearing the mark,for a mark registration application;
(iv) Description of distinct characteristics,a map of the geographical area subject to the geographical indication,for a geographical indication registration application.
c/ The amendment and supplementation of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the description,for invention or industrial design registration applications,in the list of goods and services,for mark registration applications,and must not change the nature of the object stated in the application. If the amendment expands the protection coverage (increases the protection volume) or changes the nature of the object sought to be protected,the applicant shall file a new application and all procedures shall be carried out a new.
d/ The applicant may request correction of errors in the names and addresses of the applicant and the author.
e/ All requests for amendment and supplementation must be made in writing according to a set form (not printed herein). A request may be made for amendment of the same content related to many applications,provided that the requester pays a fee based on the number of to-be-amended applications.
f/ If the applicant amends or supplements the application’s documents on his/her own initiative after the NOIP issues a notice on acceptance of valid application,the amendments or supplements shall be made according to the provisions of Points 13.2,13.3 and 13.6 of this Circular. Amended and supplemented application contents shall be published in the Industrial Property Official Gazette according to the provisions of Point 14 of this Circular and applicants shall pay a prescribed fee for such publication.
g/ The amendment and supplementation of an application,including change of the mandated party,which is made by the applicant on his/her own initiative or upon the request of the NOIP,must be made in writing,clearly specifying the amended and supplemented contents,and enclosed with an amendment and supplementation fee receipt. Documents containing amendments and supplements to applications must comply with the relevant provisions of Points 7,10 and 13 of this Circular.
2. Division of applications
a/ The applicant may divide,on his/her own initiative or upon the request of the NOIP,his/her application (division and transfer of one or several technical solutions in an invention registration application,one or several industrial designs in an industrial design registration application,one or several components of a mark or part of the list of goods and services in a mark registration application to one or several new applications referred to as divisional applications).
b/ A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any) of the parent application; and shall be published according to the provisions of Point 14 of this Circular after the issuance of the notice on acceptance of valid application.
c/ For each divisional application,the applicant shall pay a filing fee and all fees and charges for procedures carried out independently from the parent application but is exempted from the fee for claim for priority rights. Divisional applications are subject to formality examination and shall be further processed according to the procedures not yet completed for their parent applications. Divisional applications shall be re-published and applicants shall pay a publication fee if the division is effected after the NOIP issues notices on acceptance of valid applications for parent applications.
d/ Parent applications (after being divided) shall be further processed according to normal procedures and applicants shall pay an amendment and supplement fee.
3. Conversion of applications
a/ Before the NOIP issues a notice of its refusal to grant a protection title or a decision on the grant of a protection title,an invention registration applicant may convert the application for an invention patent into one for a utility solution patent or vice versa according to the provisions of Point e,Clause 1,Article 115 of the Intellectual Property Law,if the applicant pays a prescribed application conversion fee.
b/ After receiving a valid request for application conversion,the NOIP shall continue carrying out the procedures for processing the converted application according to relevant provisions but shall not carry out again the procedures already completed for the application before the conversion request is made.
c/ Requests for application conversion made after the time limit specified at Point 17.3.a above shall not be considered. Applicants may file new applications bearing the filing dates (dates of priority,if any) of parent applications.
4. Transfer of applications
Before the NOIP issues any of notices specified at Point 17.1.a of this Circular,an applicant may request the NOIP to record the transfer of his/her application to another person. Requests for recording of the transfer shall be made according to a set form (not printed herein) and relevant provisions of Point 17.1 of this Circular,and must contain documents proving that the transferee satisfies the requirement on the right of registration.