In traditional practice, the rules governing claim amendments in patent invalidation proceedings have always been interpreted and applied with a core focus on restriction. Based on considerations of protecting public reliance interests and ensuring administrative examination efficiency, relatively strict constraints have been placed on the scope, manner, and timing of amendments. The aim has been to prevent patentees from circumventing the grounds for invalidation, expanding the scope of patent protection, or remedying drafting defects that existed at the time of allowance, thereby ensuring the fairness and rigor of the proceedings.
According to the provisions of the Patent Examination Guidelines, amendments to invention or utility model patents are limited to the claims and must be directed to the grounds for invalidation or the defects identified by the panel. Such amendments must also comply with four core principles, with strict limitations on the manner and timing of amendment.
