Amendment and supplementation of Industrial design applications

Amendment and supplementation of  Industrial design applications
April 02 09:41 2014 Print This Article

Amendment and supplementation of Industrial design applications are carried out as follows:

a/ Before the NOIP issues a notice on its rejection of an application, a notice on its refusal to grant a protection title or a decision on the grant of a protection title, the applicant may amend or supplement documents of the application on his/her own initiative or upon the request of the NOIP.

b/ In response to a request for amendment or  supplementation of the following documents, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents:

(i) Invention description or abstract, for an invention registration application;

(ii) Drawings, photos or description, for an industrial design registration application;

(iii) Mark specimen, list of goods and services bearing the mark, for a mark registration application;

(iv) Description of distinct characteristics, a map of the geographical area subject to the geographical indication, for a geographical indication registration application.

c/ The amendment and supplementation of an application must not expand the protection coverage (or increase the protection volume) beyond the contents  disclosed in the description, for invention or industrial design registration applications, in the  list of goods and services, for mark registration applications, and must not change the nature of the object stated in the application. If the amendment expands the protection coverage (increases the protection volume) or changes the nature of the object sought to be protected, the applicant shall file a new application and all procedures shall be carried out a new.

d/ The applicant may request correction of errors in the names and addresses of the applicant and the author.

e/ All requests for amendment and supplementation must be made in writing according to a set form (not printed herein). A request may be made for amendment of the same content related to many applications, provided that the requester pays a fee based on the number of to-be-amended applications.

f/ If the applicant amends or supplements the application’s documents on his/her own initiative after the NOIP issues a notice on acceptance of valid application, the amendments or supplements shall be made according to the provisions of Points 13.2,13.3 and 13.6 of this Circular. Amended and supplemented application contents shall be published in the Industrial Property Official Gazette
according to the provisions of Point 14 of this Circular and applicants shall pay a prescribed fee for such publication.

g/ The amendment and supplementation of an application, including change of the mandated party, which is made by the applicant on his/her own initiative or upon the request of the NOIP, must be made in writing, clearly specifying the amended and supplemented contents, and enclosed with an amendment and supplementation fee receipt. Documents containing amendments and supplements to applications must comply with the relevant provisions of Points 7,10 and 13 of this Circular.

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