(1) The facts and reasons for the divisional application shall be filled in;
(2) The applicant shall file a divisional application within 2 months from the date of receiving the notice of the Patent Office granting the patent right to the original application;
(3) The divisional applicant shall submit relevant evidence.
The statutory time limit is 2 months.
legal ground
Article 41 of the Implementing Rules for the Patent Law
Two or more applicants on the same day (referring to the date of application; Where there is priority, it refers to the priority date), where an application for a patent for the same invention-creation is filed, the applicant shall be determined through consultation after receiving the notice from the patent administration department of the State Council.
If the application for a patent for invention is not rejected after examination, the administrative department for patent in the State Council shall notify the applicant to give up the patent right for utility model within the prescribed time limit. If the applicant gives up, the patent administration department in the State Council shall make a decision to grant the patent right for invention, and announce the statement of the applicant giving up the patent right for utility model together with the announcement of granting the patent right for invention. If the applicant does not agree to give up, the patent administration department of the State Council shall reject the application for a patent for invention; If the applicant fails to reply within the time limit, it shall be deemed to have withdrawn the application for a patent for invention.
The patent right for utility model shall terminate as of the date of announcement of the patent right for invention.