First, the application date of the original application filled in the request.
The application date of the original application shall be correctly filled in the request. If the date of application is incorrect, the examiner shall issue a notice of correction and notify the applicant to make corrections. If no correction is made at the expiration of the period, the examiner shall issue a notice of deemed withdrawal; If the correction meets the requirements, the examiner shall issue a notice to re-determine the application date and modify the application date in the database.
Second, the submission time of divisional application.
The applicant shall, at the latest, file a divisional application before the expiration of the two-month period (that is, the time limit for handling the registration formalities) from the date of receiving the notice of granting the patent right from the Patent Office. 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of the above-mentioned time limit, or the original application has been rejected, or the original application has been withdrawn, or the original application is regarded as withdrawn and its rights have not been restored, it is generally not allowed to file a divisional application.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 three months from the date of receiving the rejection decision, regardless of whether the applicant requests a review; After filing a request for review and during the administrative proceedings against the review decision, the applicant may also file a divisional application.
In the preliminary examination, if the filing date of the divisional application does not meet the above requirements, the examiner shall issue the divisional application as if the notice had not been submitted, and close the case.
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 date of the second division does not meet the above requirements, it will not be divided. However, due to a single defect in the divisional application, the applicant submits the divisional application again according to the examiner's review opinions. For this exception, the applicant shall submit a copy of the notice of examination opinions or the notice of division issued by the examiner when applying for division again. Failure to submit a copy of the notice of examination opinions or the notice of division that meets the requirements shall not be treated as an exception. If it does not meet the requirements, the examiner shall issue a notice of correction and notify the applicant to make corrections. If the applicant still does not meet the requirements after making corrections, the examiner shall issue a divisional application as if he had not submitted a notice and close the case.
Three. Category of divisional application
The category of the divisional application shall be consistent with that of the original application. For example, if the original application is an application for a patent for invention, only a divisional application for a patent for invention can be submitted. In the preliminary examination, if the divisional application is inconsistent with the original application category, the examiner shall issue a divisional application as if no notice had been issued, and make a closing treatment.
4. Applicants and inventors of divisional applications
The divisional application shall not change the applicant, that is, the applicant of the divisional application shall be the same as the applicant of the original application; 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. If it does not meet the requirements, the examiner shall issue a notice of correction and notify the applicant to make corrections. If no correction is made within the time limit, the examiner shall issue a notice of deemed withdrawal.
Verb (abbreviation of verb) A document that submits a divisional application.
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 this divisional application 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 internationally published text of the original application is in a foreign language. In addition to the Chinese copy of the original application, a copy of the internationally published text of the original application shall also be submitted. If it does not meet the requirements, the examiner shall issue a notice of correction and notify the applicant to make corrections. If no correction is made within the time limit, the examiner shall issue a notice of deemed withdrawal.