1. The divisional application must be submitted and processed;
2. An application for a patent includes two or more inventions, utility models or designs, and the applicant applies for division before the expiration of the time limit;
3. The divisional application has not changed the category of the original application;
4. Other conditions.
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specified in the first paragraph of Article 54 of these Rules; However, if the patent application has been rejected, withdrawn or regarded as withdrawn, a divisional application cannot be filed.
The divisional application shall not change the category of the original application.
Article 43
An application for division filed in accordance with the provisions of Article 42 of these Rules may retain the original filing date, and if it enjoys priority, it may retain the priority date, but it shall not exceed the scope recorded in the original application.
The divisional application shall go through the relevant formalities in accordance with the provisions of the Patent Law and these Rules.
The request for divisional application shall indicate the application number and date of the original application. When submitting a divisional application, the applicant shall submit a copy of the original application documents; Where the original application enjoys priority, a copy of the priority document of the original application shall be submitted.