1. What are the requirements for a divisional application for an invention patent?
(1) The application date of the original application shall be filled in the request.
(2) The applicant shall, at the latest, file a divisional application before the expiration of the two-month period from the date of receiving the notice from the Patent Office granting the original patent application. After the expiration of the above-mentioned time limit, or the original application has been rejected, or the original application has been withdrawn, or the original application is regarded as withdrawn and its rights have not been restored, it is generally not allowed to file a divisional application.
For the original application that the examiner has made a rejection decision, the applicant may file a divisional application within 3 months from the date of receiving the rejection decision, regardless of whether the applicant requests a review; After the request for review is made, during the administrative proceedings, if the applicant refuses to accept the review decision, he may also file a divisional application.
If the applicant has filed a divisional application and needs to file a divisional application again, the filing time of the filed divisional application shall still be reviewed according to the original application. If the submission time of the re-submitted divisional application does not meet the above requirements, no divisional application may be filed.
However, due to a single defect in the divisional application, the applicant submits the divisional application again according to the examiner's review opinions.
(3) The category of the divisional application shall be consistent with that of the original application.
(4) The divisional application shall not change the applicant, and the applicant for divisional application shall be the same as the original applicant; In case of inconsistency, a certificate of right transfer shall be submitted. The inventor of the divisional application shall also be the inventor of the original application or part of its members.
(5) In addition to the application documents, the divisional application shall also submit a copy of the application documents of the original application and other documents related to the application of this case in the original application (such as a copy of the priority document). Copies of various supporting materials submitted in the original application can be used. If the original application is an international application, the applicant shall also indicate the international application number in brackets after the original application number filled in the request. The international publication of the original application is in a foreign language. In addition to the Chinese copy of the original application, a copy of the international publication document of the original application shall also be submitted.
2. What is the legal time limit for divisional application?
Various statutory time limits for divisional applications, for example, the time limit for filing a request for substantive examination shall be counted from the original application date. For various deadlines that have expired, the applicant can go through various formalities within 2 months from the date of submitting the application for exemption; If it is not completed at the expiration of the period, it shall be deemed to have withdrawn the notice.
The divisional application shall be regarded as a new application, and various fees shall be charged. The applicant can pay the fees due within 2 months from the date of submitting the divisional application; Those who fail to repay or repay in full will receive a notice of withdrawal.
The above knowledge is Bian Xiao's requirements and legal time limit for the application for invention patent division. The requirements for a divisional application for a patent for invention include the filing date of the original application in the request, and the category of the divisional application shall be consistent with that of the original application. Readers who need legal help are welcome to seek legal advice.