legal ground
Article 42 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), where an application for a patent includes two or more 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 specified in the first paragraph of Article 54 of these Detailed Rules; However, if the patent application has been rejected, withdrawn or regarded as withdrawn, a divisional application cannot be filed. Where the administrative department for patent in the State Council considers that the patent application is not in conformity with 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a specified time limit; If the applicant fails to reply within the time limit, the application shall be deemed to be withdrawn. The divisional application shall not change the category of the original application. Article 54 After the patent administrative department of the State Council issues a notice of granting the 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.