An increasing number of foreign enterprises and individuals have filed Chinese patent applications in recent years. However, as the patent laws and regulations of China contain provisions not found in other jurisdictions, it is necessary to adopt an effective strategy when drafting a patent application that aligns with domestic patent practice so as to obtain effective patent protection in China.
When describing key technical content, use varying technical perspectives and degrees of generalization. The Patent Law and Guidelines for Patent Examination set strict stipulations on amending documents. Namely, amendments to patent application documents should be documented in the original description and claims, or be capable of being directly and unambiguously determined from the original description and claims.
More specifically, if the original application documents only describe specific technical content, further summary or generalization of the technical content will normally not be permitted once the application has been filed. If the broad scope sought in the original claims is challenged by prior arts, the applicant will have to limit their claims in line with the specific technical content in the original description, resulting in an unduly narrow scope of protection.
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Wei Xiaowei is a patent attorney of CCPIT Patent and Trademark Law Office. She can be contacted on +86 10 6604 6450 or by e-mail at weixw@ccpit-patent.com.cn
