如何消除审查员对专利申请修改超范围的质疑

How to Clear up Examiners' Doubt about Excessive Amendments to Patent Applications

如何理解《专利法》中有关修改超范围的规定一直是业内争论不休的难点问题。在回答审查员对修改超范围的质疑时，专利代理人通常的做法只是试图从原始说明书和权利要求中寻找支持，作简单应对。考虑到国家知识产权局对相关标准的把握日趋严格，如果在答辩中仅作简单抗辩，恐十白很难被审查员接受。本文通过解读有关修改超范围的法律条文，从说明书中记载的技术方案的整体分析入手，提出一种消除审查员对修改超范围的质疑的新思路。

How to understand the Patent Law provision relating to amendments going beyond the initial scope of an application （the ＂excessive amendments＂ for short） has long been a difficult issue drawing incessant debate in the IP community. Responding to an examiner＇s excessive amendment doubt or challenge, a patent attorney normally makes a simple reply by trying only to seek support from the initial description and claims. Considering that the State Intellectual Property Office （SIPO） has been more stringently abide by the relevant standards, perhaps it would be very difficult for any simple counter-claim or defence made in response to an Office Action to be accepted by an examiner.