Legal analysis: The requirements for applying for a patent for invention by division are as follows:
1. To apply for division, one patent applied by the applicant must include more than two inventions, utility models or designs;
2. To file a divisional application, it must be within two months from the date when the patent administrative department of the State Council issues the notice of granting a patent. If the time limit exceeds two months, it will be deemed as giving up the divisional application;
3. If the filed patent application has been rejected, withdrawn or deemed withdrawn, the applicant cannot file a divisional application;
4. The patent administration department of the State Council considers that the application documents submitted by the applicant do not meet the requirements or partially do not meet the requirements, and designates the applicant to make amendments and supplements within the prescribed time limit. If the applicant fails to reply at the expiration of the time limit, it cannot file a divisional application;
5. The category of the original patent application shall not be changed.
Legal basis: Detailed Rules for the Implementation of the Patent Law of the People's Republic of China
Article 42 Where an application for a patent includes more than two inventions, utility models or designs, the applicant may file a divisional application with the patent administration department of the State Council before the expiration of the time limit stipulated in the first paragraph of Article 54 of these Detailed Rules; However, if the patent application has been rejected, withdrawn or deemed withdrawn, a divisional application cannot be filed.
if the patent administration department of the State Council considers that a patent application does not conform to the provisions of article 31 of the patent law and article 34 or article 35 of these rules, it shall notify the applicant to amend its application within a specified time limit; If the applicant fails to reply within the time limit, the application shall be deemed to have been withdrawn.
a divisional application shall not change the category of the original application.
article 54 after the patent administration department of the State Council issues a notice of granting a patent right, the applicant shall go through the registration formalities within 2 months from the date of receiving the notice. Where the applicant goes through the registration formalities on schedule, the patent administrative department of the State Council shall grant the patent right, issue the patent certificate and make an announcement.
failure to go through the registration formalities at the expiration of the period shall be deemed as giving up the right to obtain the patent right.