引言我国专利实践中近来争议较多的一个问题是有关專利申请文件修改的,该问题起因於专利局审查员在审查申请人封权利要求的修改时对於《专利法》第33条规定的严格执行。这种争议不仅存在於申请人、代理人与审查员之间,也常出现在不同的审查部门、审查员之间,以及不同的法院、法官之间。严格执行该条款常被詬病为缺乏合理性和灵活性,影响封发明创造的保护。 Introduction One of the more controversial issues recently encountered in the practice of patent in our country is the revision of the relevant patent application documents. This problem arises from the strictness prescribed by Article 33 of the Patent Law in the revision of the patent envelope examination and examination request by the patent office examiner. carried out. Such disputes not only exist between the applicant, the agent and the examiner, but also often appear between different examiners, examiners, and different courts and judges. Strict implementation of the clause is often criticized for lack of rationality and flexibility, affecting the protection created by the seal.