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News & Events

New practice for amendment of patent claims
Fri, 04:52 01/10/2014.

Recently, examiners in Vietnam have applied a new practice for amendment of claims according to previous claims wherein one claim can not refer to more than one independent claim. To make this point more clearly, following example are demonstrated:

The original claims which were accepted by Vietnamese examiners:

1. A surface side sheet for being used in an interlabial pad fitted between labia, comprising:
A fiber aggregate, wherein a wet shear strength of said fiber aggregate with respect to labial inner walls is no less than 15cN/25mm and no more than 60cN/25mm where containing an artificial menstrual blood at a content of 800%, the artificial menstrual blood is a fluid composition comprising water, glycerin, sodium carboxymethylcellulose, sodium chloride, sodium bicarbonate, and a food dye preparation.

2. The surface side sheet according to claim 1, wherein a bulk of said fiber aggregate in a wet state is no less than 80% of a bulk in a dry state.

3. A surface side sheet for being used in an interlabial pad fitted between labia, comprising:
A fiber aggregate having a tensile strength of no more than 600cN/25mm in a state where the surface side sheet contains an artificial menstrual blood at a content of 300% and is elongated by 5% in a longitudinal direction and having a tensile strength of no less than 100cN/25mm in a state where the surface side sheet contains said artificial menstrual blood at a content of 800% and is elongated by 5% in a longitudinal direction, the artificial menstrual blood is a fluid composition comprising water, glycerin, sodium carboxymethylcellulose, sodium chloride, sodium bicarbonate, and a food dye preparation.

4. An interlabial pad comprising:
A surface side sheet facing labial inner walls,a back face side sheet facing garments, and an absorbent body sandwiched between said surface side sheet and said back face side sheet and absorbing body fluids, wherein said surface side sheet is the surface side sheet according to any one of claims 1 to 3,an area of contact of said absorbent body with said surface side sheet is no more than 30% of an area of said absorbent body, and
a total size in a lateral direction of said sruface side sheet in a state where the interlabial pas is folded in two along a folding like provided along a longitudilnal direction so that said surface side sheet is set outside is longer than that in a state where the interlabial pad is flat.

Now, the set of 4 claims must be amended into the set of 5 claims wherein the claim 5 is another independent claim and has to refer to claim 3. The amended claims are as follows:
 
1. A surface side sheet for being used in an interlabial pad fitted between labia, comprising:
A fiber aggregate, wherein a wet shear strength of said fiber aggregate with respect to labial inner walls is no less than 15cN/25mm and no more than 60cN/25mm where containing an artificial menstrual blood at a content of 800%, the artificial menstrual blood is a fluid composition comprising water, glycerin, sodium carboxymethylcellulose, sodium chloride, sodium bicarbonate, and a food dye preparation.

2. The surface side sheet according to claim 1, wherein a bulk of said fiber aggregate in a wet state is no less than 80% of a bulk in a dry state.

3. A surface side sheet for being used in an interlabial pad fitted between labia, comprising:
A fiber aggregate having a tensile strength of no more than 600cN/25mm in a state where the surface side sheet contains an artificial menstrual blood at a content of 300% and is elongated by 5% in a longitudinal direction and having a tensile strength of no less than 100cN/25mm in a state where the surface side sheet contains said artificial menstrual blood at a content of 800% and is elongated by 5% in a longitudinal direction, the artificial menstrual blood is a fluid composition comprising water, glycerin, sodium carboxymethylcellulose, sodium chloride, sodium bicarbonate, and a food dye preparation.

4. An interlabial pad comprising:
A surface side sheet facing labial inner walls, a back face side sheet facing garments, and an absorbent body sandwiched between said surface side sheet and said back face side sheet and absorbing body fluids, wherein said surface side sheet is the surface side sheet according to any one of claims 1 to 2, an area of contact of said absorbent body with said surface side sheet is no more than 30% of an area of said absorbent body, and
a total size in a lateral direction of said sruface side sheet in a state where the interlabial pas is folded in two along a folding like provided along a longitudilnal direction so that said surface side sheet is set outside is longer than that in a state where the interlabial pad is flat.

5. An interlabial pad comprising:
A surface side sheet facing labial inner walls, a back face side sheet facing garments, and an absorbent body sandwiched between said surface side sheet and said back face side sheet and absorbing body fluids, wherein said surface side sheet is the surface side sheet according to claim to 3,
an area of contact of said absorbent body with said surface side sheet is no more than 30% of an area of said absorbent body, and a total size in a lateral direction of said sruface side sheet in a state where the interlabial pas is folded in two along a folding like provided along a longitudilnal direction so that said surface side sheet is set outside is longer than that in a state where the interlabial pad is flat.

It can be seen that the number of independent claims is increased and the applicant has to pay more fee for the added independent claim. So far, Vietnamese examiners have informed us that the added independent claims will not be charged until the patent is granted but after that the payment of annuity for the next years must pay for the added independent claims.

To respond to this new practice, patent attorney of HAIHAN-IP will inform clients case by case when the same amendment is required.

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