Practice Areas | Patent | Q & A
10. Provisions in Item 1, Paragraph 1 of Article 64 regulate that a request for amendment to a paten

An invention patentee making a request to amend the specification or drawings, shall only be in respect of the matters prescribed in Paragraph 1 of Article 64. Hence, when filing for amendment, the scope of claims can neither exceed the scope disclosed in the original specification or drawings, nor expand or alter he substance. In general, the number of claims cannot be added. However, if the original multi-dependent claims need to be separated due to the amendment, the increase of the number of claims shall be deemed an exception.

11. What does it mean by “an invention patentee may request for the destruction of the infringing ra

The purpose of Paragraph 3 of Article 84 which regulates that “an invention patentee may request for the destruction of the infringing products or raw materials or implements used in infringing the patent, or request for other necessary disposals,” serves to prevent the continuity of infringement. Therefore, a request for the destruction or other necessary disposals of the infringing products, raw materials, and implements can be made. The patentee may make a request, and the court will determine whether to conduct destruction or other necessary disposals depending on the actual case.

12. If an application to is contrary to the unity of utility model, as prescribed under Item 4, Par

Each utility model patent application shall be filed separately. If two or more creations belong to the same creative concept in the broad sense, such exception may be filed as one application. The judgment of the unity of a utility model in formality examination refers to those that can be determined without conducting a search.

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