After filing a patent application with the Chinese Patent Office, the applicant may amend the application documents on his own initiative.
As to the time of amendment, it is provided in Rule 51 of the Implementing Regulations of the Chinese Patent Law that "When a request for examination as to substance is made or when a response is made in regard to the first office action, the applicant may amend the patent application for invention on its or his own initiative". Besides, for a patent application for invention, the request for substantive examination is filed at the same time when filing the application, the applicant will be given a three-month period from the date of receiving the "Notice of Entering Substantive Examination" to make voluntary amendment.
For patent application for utility model or design, "Within three months from the date of filing, the applicant for patent application for utility model or design may amend the application on its or his own initiative" as provided in Rule 51 of the Implementing Regulations of the Chinese Patent Law.
As to the contents of the amendments, it is provided in Article 33 of the Patent Law that "An applicant may amend his or its patent application, but the amendment to the patent application for invention or utility model shall not go beyond the scope of the disclosure contained in the initial description and claims, and the amendment to the patent application for design shall not go beyond the scope of the disclosure as shown in the initial drawings or photographs".
The scope of disclosure of a patent application for design is shown by the initial drawings or photographs, amendments can only be made on the initial drawings or photographs. In order to clearly show the design, new drawings or photographs may be added which, however, shall not include new structures that are different from the initial one.
When an amendment to the description or claims of a patent application for invention or utility model is made, a replacement sheet in prescribed form shall be submitted, unless the amendment concerns only the alteration, insertion or deletion of a few words. Where an amendment to the drawings or photographs of a patent application for design is made, a replacement sheet in prescribed form shall be submitted.
