Dr. Jason Xue, Jiaquan IP Law, outlines two specific cases that are used to analyze the examination standard of Article 33 of the Patent Law.
The legislative purpose of Article 33 of the Patent Law is to prevent the applicant from damaging public interest by introducing new technical
contents which are not explicitly or implicitly disclosed in the initial application documents. In current course of substantive examination procedures in China, the examiner interprets this clause relatively strictly and dogmatically.
From two case studies, this paper proposes a reflection on judgment standard of “the contents described in the initial description and claims, and the contents deduced directly and unambiguously from the drawings of the description” for the prescription of “amendment goes beyond the scope described in the initial description and claims”.