The patent amendment period varies depending on the type of patent and the specific situation, and the following is a detailed introduction:
1. Active correction period
Invention patent: The applicant may propose amendments to the invention patent application at the time of substantive examination and within 3 months from the date of receipt of the notice issued by the patent administration department of the State Council that the invention patent application has entered the substantive examination stage.
Utility model and design patents: The applicant may propose amendments to the utility model or design patent application within 2 months from the filing date.
2. Passive correction period
(1) General situation: Under normal circumstances, if there are shortcomings in the patent application documents, the examiner will explain the reasons in the patent amendment notice and specify the reply period, which is generally within 15 days from the date of receipt of the amendment notice.
(2) Reexamination procedures: If the reexamination request does not comply with the relevant provisions of the Patent Law and its Implementation Rules and Examination Guidelines after formal examination, the Reexamination and Invalidation Trial Department shall issue a notice of correction, requiring the reexamination requester to make corrections within 15 days from the date of receipt of the notice.
(3) Invalidation procedure: If the invalidation request does not comply with the relevant provisions of the Patent Law and its implementation rules and examination guidelines after formal examination, the review and invalidation department will issue a notice of correction, and the invalidation requester shall make corrections within 15 days from the date of receipt of the notice of invalidation.