What are the requirements for a divisional application for an invention patent?

Legal analysis: The requirements for a divisional application for a patent for invention are: (1) A patent application shall include more than two inventions; (2) The inventor of the divisional application shall be the inventor of the original application or part of its members; (3) The divisional application shall be based on the original application (the first application); 4) The Patent Office has made a decision to grant the original patent application. Where the patent application has been rejected, withdrawn or deemed withdrawn, no divisional application may be filed;

(5) The applicant shall file an application within 2 months from the date of receiving the notice of granting the patent right.

Legal basis: Article 42 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC). Where an application for a patent includes two or more inventions, utility models or designs, the applicant may file a divisional application with the patent administration department of the State Council before the expiration of the time limit specified in the first paragraph of Article 54 of these Rules. However, if the patent application has been rejected, withdrawn or regarded as withdrawn, a divisional application cannot be filed.

Article 54 After the patent administrative department of the State Council issues a notice of granting the patent right, the applicant shall go through the registration formalities within 2 months from the date of receiving the notice. Where the applicant goes through the registration formalities on schedule, the patent administrative department of the State Council shall grant the patent right, issue the patent certificate and make an announcement.