2. The applicant of the divisional application must be the same as the applicant of the original application; If the applicant is different, the certification materials of the applicant's change shall be submitted.
3. The inventor of the divisional application shall also be the inventor of the original application or part of its members.
4. The category of divisional application shall be consistent with that of the original application.
5. The divisional application shall indicate the application number and date of the original application in the request.
6. The contents of the divisional application shall not exceed those recorded in the original application specification and claims. The content of the divisional application is beyond the scope recorded in the original application, and there is a risk that it will be rejected or subsequently invalidated because 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.
7. The substantive scope of the claim of the divisional application cannot be the same as that recorded in the claim of the original application. The protection scope of the claim of this divisional application is the same as that of the original application, and there is a risk that it will be rejected or subsequently invalidated because it does not conform to Article 9 of the Patent Law.
In short, before the end of the patent application, the applicant may file one or more divisional applications based on the patent application.
In the current patent practice, the applicant can file a divisional application according to the examiner's non-unitary examination opinions, or he can file a divisional application on his own initiative. As long as we make good use of these rules, we will certainly improve our intellectual property protection.