The so-called divisional patent application means that when the patent applied for by the applicant includes two or more inventions, utility models or designs, the applicant can apply to the patent administration department of the State Council to divide the patent application into two or more patent applications within two months after the original application is filed, on the date of receiving the notice of approval of patent grant from the patent administration department of the State Council or before the date of receiving the notice of approval of patent grant from the patent administration department of the State Council.
The applicant must meet the following conditions when applying for division:
1. Where a divisional application is filed, one patent applied by the applicant must include two or more inventions, utility models or designs;
Second, the filing of the divisional application must be within two months from the date when the patent administrative department of the State Council issues the notice of patent grant, and the period exceeding two months shall be deemed as giving up the divisional application;
3. When filing a divisional patent application, the category of the original patent application shall not be changed.