1. Period during which amendments can be made

(1) From filing until the delivery of a certified copy of the Examiner’s decision to the effect that a patent is to be granted (excluding after the first Notice of Reasons of Refusal is received)

(2) Within the period for responding to a Notice of Reasons of Refusal

(3) Simultaneous with the filing of a request for a trial against an examiner’s decision of refusal

 2. Substantive requirements for amendments

Amendments must meet the following requirements (A) and (B).

 (A) The amendment must not add new matter

(B) The amendment must not change the special technical features of the invention

 In addition to (A) and (B) above, amendments made during the period for responding to the final Notice of Reasons of refusal or simultaneously with the filing of a request for a trial against an examiner’s decision of refusal must be any of the following (C)-(F).

(C) Deletion of claims

(D) Restriction of the claim by limitation

(E) Correction of errors

(F) Clarification of unclear statements

 Restriction of the claim by limitation refers to an amendment that restricts the scope of the claims by limiting the invention-specific matters described in the claims, and in which the “industrial field of application” and “problem to be solved” of the invention before and after the amendment are the same.

Japanese Patent Attorney
Yosuke Katsumi