44. Is it permissible to expand or change or narrow down the scope of an independent claim? When?
Our advice:
Yes, provided that such amendment does not go beyond the scope of the application as originally filed. Amendment to the application shall be made before a decision to grant a patent or reject the application is issued by NOIP.
(Article 17.1, Circular No. 16/2016/TT-BKHCN dated 30 June 2016)
45. Is it permissible to add new independent or dependent claims during prosecution? When?
Our advice:
Yes, provided that such addition does not go beyond the scope of the application as originally filed. Amendment to the application shall be made before a decision to grant a patent or to reject the application is issued by NOIP.
(Article 17.1, Circular No. 16/2016/TT-BKHCN dated 30 June 2016)
46. Your suggestions on the local practice of amendment in prosecution ?
Our advice:
The applicant should file amendments which do not go beyond the scope of the application as originally filed. Such amendment must be filed before a decision to grant a patent or reject the application is issued by NOIP.
(Article 17.1, Circular No. 16/2016/TT-BKHCN dated 30 June 2016
47. As for software invention, please list all the eligible subject matters ?
Our advice:
The subject matters named “a computer program”, “a computer software”, “a computer software/program product” or “a program carrying signal” and any similar or equivalent word/ expression shall not be accepted. Software/computer program invention can be patentable in the form of, for example, a method for operating a conventional device, a device installed to implement such method, a recorder (or a recording object) containing a program to implement such method.
(Article 59, the Law on Intellectual Property
Article 5.8.2.5, Statutes on examination of patent applications)
48. Is it permissible for protecting a pure computer software or computer readable medium without any hardware limitations?
Our advice:
It must comply with the preceding requirements.
49. Your suggestions on the local practice of software related application ?
Our advice:
For software/computer program invention, the preceding requirements must be taken into consideration.