When can the applicant file a divisional application?

As a special patent application, the divisional application has clear regulations on the timing of filing. The applicant shall file a divisional application at the latest before the expiration of two months from the date of receipt of the Patent Office’s notification of granting patent rights for the original application (i.e., the time limit for registration procedures). After the expiration of the above period, or the original application has been rejected, or the original application has been withdrawn, or the original application is deemed to have been withdrawn and the rights have not been restored, no further divisional application is generally allowed. For an original application for which the examiner has issued a rejection decision, within three months from the date of receipt of the rejection decision, the applicant may file a divisional application regardless of whether the applicant files a request for review; after filing the request for review and for the review decision During the period when an administrative lawsuit is filed against the applicant, the applicant may also file a divisional application. However, due to the single defect of the divisional application, the applicant shall not file a divisional application again in accordance with the examiner's examination opinions. For such exceptions, when the applicant files a divisional application again, he or she shall submit a copy of the examination opinion notice issued by the examiner specifying a single defect or the divisional notice.