Intellectual property · Legal information

How Is a Patent Application Amended?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

An amendment in a patent application is about a correction in the description, the claims or the drawings. It is not an arbitrary widening. A feature that was not disclosed in the first application is not treated as added later. The question of how it is done is not answered before the first text and the new text are placed side by side. An amendment day and a patent year are not in this text.

A correction may be about making an uncertain sentence clear, and it may also be about narrowing a claim. Both have to stay inside the first disclosure. A sentence that goes outside is read like a new invention even if it carries the name of a correction.

Not going outside the first text

An addition that exceeds the scope of the first application carries a risk of not being accepted. Narrowing and corrections of clarity are discussed more often. Adding a new feature later is not widening the existing file. A new invention is considered separately, as a separate application. This separation is not closed by an oral account. The document is built by looking at whether that feature was written in the first description.

If a claim takes ownership, in a single sentence, of a result that is not in the description, that claim is debated. If a drawing shows a part that is not in the text, the drawing is also tested against the first disclosure. One does not save the other by itself. The decision reads the three texts at the same time. The missing link is not filled with a laboratory note that is remembered.

The report, the refusal and publication

An amendment is often asked for in the defence after a search report, an examination notification or a refusal. Rules after publication may be discussed more strictly. The procedure is read from the notification the institution wrote. This text does not set a number of days. It is not said that time ran when there was no notification.

How the application is formed is in a patent application. The path after refusal is in refusal of the application. The search report is in a search report. Publication is under publication of the application. An amendment does not stand in for these articles. Each of them asks for its own paper.

How the amendment is read

The text of the first application and the petition for amendment are placed side by side. An amendment day and a patent year are not written. The address of a Çankaya office does not change the institution's authority or the competent court.

The decision separates a sentence if the added sentence has no counterpart in the first description. If the petition says only that the claims were updated, it stays incomplete unless it is written which claim was narrowed. If the service writes the time for a reply to the institution, that writing is kept. Service does not write a patent year by itself. An invoice may show the fee for the step. An invoice does not mean the amendment was accepted.

Narrowing, clarifying and a new invention

Narrowing the claims, bringing a dependent claim forward, or making an uncertain word clear, may be an option. The option is not a free rewriting in every file. A narrowing that has no support in the first text may also give rise to a problem. Support is read from the sentence in the description. If there is no sentence, support is not assumed.

If the application was written openly from the start, the need for an amendment may lessen. This does not mean every mistake will be closed later. If a minute summarises a meeting with the institution, the summary does not stand in for the petition. The register shows the number of the application. The register does not by itself explain the new form of the claim. Until a letter of acceptance arrives, the amendment is not treated as having happened.

Where the supporting sentence is looked for

Support for an added claim is looked for in a sentence in the first description. The sentence may not carry the same words. Even so, the technical teaching has to be found there. If it is not found, support is not assumed. The assumption is not closed by the applicant's later explanation. The explanation does not stand in for the first text.

If an arrow in a drawing shows a part that has no name in the text, that part is asked about separately. The question keeps open the possibility that the part was added later. Keeping it open does not make every arrow a ground of refusal. The refusal is in the ground the institution wrote. A refusal result is not built when there is no ground. The result that is built does not carry an amendment day or a patent year either. This text writes neither. If there is no support, the added sentence does not stand.

Conclusion

An amendment of the application is tied to the rule of not going outside the first text. It is not a free rewriting. The first text is not treated as having been widened later. An amendment day and a patent year are not in this text. The frame is on the intellectual property page.

The basis is Industrial Property Law No. 6769.

Legislation

Frequently asked questions

Can a new feature be added to the application later?

An addition that goes outside the first disclosure is risky. Narrowing and a correction of clarity are discussed more often. A new invention is the subject of a separate application.

After which writing does an amendment come onto the agenda?

It is often asked in the defence after a search report, an examination writing or a refusal. A number of days is not in this text. The time is read from the writing in the service.

Is every correction accepted?

No. Acceptance depends on the first text and the amended text overlapping. A fee amount is not in this text.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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