The submission time of a divisional application is as stated in Article 42, Paragraph 1 of the Rules. The applicant shall submit the divisional application within two days at the latest from the date of receipt of the Patent Office’s notification of granting patent rights to the original application. File a divisional application before the expiration of the monthly period. After the expiration of the above period, or the original application has been rejected and becomes effective, or the original application has been withdrawn, or the original application is deemed to have been withdrawn and the rights have not been restored, no further divisional application is generally allowed. The applicant may file a divisional application before the Patent Office issues a notice of grant of patent rights, or may file a divisional application within two months from the date of receipt of the notice of grant of patent rights. However, if the applicant has received the notification of authorization and registration procedures, and has paid the registration fees in accordance with the requirements of the notice, it is not recommended to file a divisional application at this time.
For an original application for which the examiner has issued a rejection decision, within three months from the date of receipt of the rejection decision, the applicant may file a divisional application regardless of whether the applicant files a request for review; after filing a review request After the request is made and during the period when administrative litigation is filed against the review decision, the applicant may also file a divisional application.
If the applicant has submitted a statement of withdrawal of the patent application for the original application, he may file a divisional application before the statement of withdrawal of the patent application takes effect (i.e., a notification of compliance with the procedures is issued). If the original application has been deemed withdrawn, a divisional application may be filed within the restoration period.
If the applicant needs to submit a divisional application again for the divisional application that has been filed, the submission time of the resubmitted divisional application shall still be reviewed based on the original application. If the timing of submission of the re-division of the case does not meet the above provisions, the case shall not be divided. However, due to a single defect in the divisional application, the applicant shall file another divisional application in accordance with the examiner's review opinions. At this time, when the applicant files a divisional application again, he shall submit a copy of the examination opinion notice issued by the examiner specifying the single defect or the divisional notice.