Intellectual Property Case Adjudication Act Article 43

When a party claims or defends in accordance with Paragraph 1 of Article 41 that there are grounds for revocation of a patent right, where the patentee has applied to the competent patent authority for amending the claims, the party shall state to the court that the amended claims apply to its further claim or assertion on the patent right.If a patentee under the circumstance in the preceding paragraph is prevented by factors not attributable to itself from applying to the competent patent authority for the requested amendment, and if denying such the amendment is obviously unfair, the party may directly state to the court that the aforesaid amendment to the claims applies to its further claim or assertion on the patent right.A patentee under the circumstances in the preceding two paragraphs shall describe in a written statement the facts and reasons based on which the claims are amended and notify the opposing party accordingly.Under the circumstances in Paragraphs 1 and 2, the court may determine the legality of the amendment of claims, and, before rendering a judgment, indicate its legal opinion and disclose its conviction to the extent appropriate.Save in the circumstance in Paragraph 2, no claim or assertion may be made of any amended claims if the patentee fails to apply to the competent patent authority for amendment or withdraws its application for amendment.The court shall adjudicate the case based on the amended claims if it finds in accordance with Paragraph 4 that the amendment is legal.