What are the conditions for applying for a design patent by division? Find a solution

The applicant may file a divisional application before receiving the notice of granting patent right issued by the Patent Office, or file a divisional application within two months from the date of receiving the notice of granting patent right. However, if the patent application has been rejected and taken effect, or has been withdrawn or deemed to have been withdrawn but has not been restored, no divisional application may be filed.

Where a divisional application is filed, the filing date and application number of the original application shall be filled in the requested divisional application column, and the filing date of the original application shall be the filing date of the divisional application. Various statutory time limits for divisional applications, such as the time limit for submitting substantive examination requests and the time limit for submitting priority certification materials, shall be counted from the original application date. For various expired time limits, the applicant can go through various formalities within two months from the date of submitting the divisional application; If it is not completed within the time limit, the divisional application shall be deemed to be withdrawn.

A divisional application for design refers to the fact that the original application document for a patent for design contains more than two designs, and the applicant separates one design from the original application and submits it as another new application for a patent for design. A separate new application for a patent for design is a divisional application, and you can enjoy the original filing date.

For the new divisional application, it shall be verified whether it meets the following divisional application conditions:

(1) The filing date of the divisional application is two months from the date when the original patent application received the notice of granting the patent right, and before the expiration of the registration period, the original patent application was not rejected (or rejected but not yet effective) and voluntarily withdrawn, which shall not be regarded as withdrawn;

(2) The applicant for divisional application must be consistent with the original applicant; Inconsistent, it shall be accompanied by legal proof of the transfer of rights; The designer should be the designer of the original application or some of its members;

(3) When submitting a divisional application, a copy of the original application text shall be submitted; Where priority is claimed, a copy of the priority document of the original application shall also be submitted;

(4) Where the original application for a patent for design contains more than two designs, the divisional application shall be one or more designs in the original patent application, and the separated one or more designs shall not be retained in the original application;

(5) The applicant shall keep at least one design in the original application, and submit the rest as divisional applications;

(6) If the original patent application is the overall design of the product, it is not allowed to file a part of it as a divisional application. For example, the patent application for design seeks to protect the design of motorcycle, and motorcycle parts cannot be filed as a divisional application.