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ARTICLE · 27 JANUARY 2021

Timing For Voluntary Amendments In China

In addition, sometimes pre-filing amendments are necessary to avoid receiving rectification notice and to reduce attorney fees.

ChinaIntellectual Property

Foreign applicants may know that there are voluntary amendments during patent filing and examination in China, but how to select timing for voluntary amendments? Q&A below may show a few key points.

Is it possible to amend the set of claims when fling the request for substantive examination?

The answer is Yes. For patent applications entering Chinese national phase, voluntary amendments to the claims can be made (1) at the time of entering China; (2) at the time of requesting substantive examination; and (3) within three months after receiving the notification of entering substantive examination.

Would you better recommend amending the claims upon entry into the national phase? 

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