(1) divisional application text
A divisional application shall indicate at the beginning of its specification, that is, before the technical field to which the invention belongs, which divisional application this application is, and the application date, application number and invention-creation name of the original application.
When submitting a divisional application, a copy of the original application documents shall be submitted; Where priority is claimed, a copy of the priority document of the original application shall also be submitted.
(2) Contents of divisional application
The contents of the divisional application shall not exceed the scope recorded in the original application. Otherwise, the application for division shall be rejected on the grounds that it does not conform to the provisions of the first paragraph of Article 43 of the Detailed Rules for the Implementation of the Patent Law or Article 33 of the Patent Law.
(3) Description and claims of the divisional application
The claims of the original application and the divisional application after division shall require the protection of different inventions respectively; And their specifications can allow different situations. For example, before the division, the original application had two inventions, A and B; After the division, if the claim of the original application requests to protect A, its description can still be A and B, or only A can be kept; If the claim of the divisional application requests to protect B, its description can still be A and B, or just B..
Time of submission by division
1, after the original patent application is accepted, but before the expiration of the registration (authorization) formalities.
According to Article 42 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), if an application for a patent includes two or more inventions, utility models or designs, the applicant shall file a divisional application before the expiration of the two-month period (i.e. the time limit for handling the registration formalities) from the date of receiving the notice of granting the patent right from the Patent Office at the latest. In other words, the applicant can file a divisional application at any time after receiving the notification of acceptance of the original patent application and before the expiration of the registration formalities stipulated in the notification of granting the patent right of the original application.
It should be noted that if the applicant goes through the registration formalities in advance before the expiration of the prescribed time limit, the time limit for filing a divisional application is still limited by the time limit for going through the registration formalities stipulated in the Notice on Going through the Registration Procedures, and is not affected by going through the registration formalities in advance.
2. The original application was voluntarily withdrawn.
Once the applicant voluntarily withdraws the original application, and the voluntary withdrawal has taken effect, he can no longer apply for division based on the original application, nor can he claim the right to restore the original application.
3. The original application is deemed to have been withdrawn.
After the administrative department for patent in the State Council issued the notice that the original application was deemed to have been withdrawn, the applicant may file a divisional application according to the original application within the period of restoration of rights stipulated in the first or second paragraph of Article 6 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).
4. The initial application was rejected.
After the the State Council Patent Administration Department has made a "rejection decision" on the original application, before the expiration of the three-month period for filing a request for reexamination, regardless of whether the applicant has filed a request for reexamination, the applicant may file a divisional application on the basis of the original application. If the three-month period for filing a request for review expires and the applicant fails to file a request for review, he may not file a divisional application based on the original application. In addition, after the applicant makes a request for review, the applicant may also file a divisional application based on the original application during the period when the applicant refuses to accept the review decision and brings an administrative lawsuit.
5. According to the examiner's opinion.
If the examiner issues a notice of division or a notice of examination opinions on the singularity of the application, the applicant may modify the application documents or handle them in a case-by-case manner within the time limit specified in the notice.