Second, the filing of the divisional application must be within two months from the date when the patent administrative department of the State Council issues the notice of patent grant, and the time limit exceeding two months shall be deemed as giving up the divisional application;
3. If the filed patent application is rejected, withdrawn or deemed withdrawn, the applicant cannot file a divisional application;
4. Where the administrative department for patent in the State Council considers that the application documents submitted by the applicant do not meet the requirements or partially do not meet the requirements, the applicant shall be designated to make amendments and supplements within the prescribed time limit. If the applicant fails to reply at the expiration of the time limit, he may not file a divisional application;
Five, the division of the patent application shall not change the category of the original patent application.
Legal basis: Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law.
Article 42 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specified in the first paragraph of Article 54 of these Rules; However, if the patent application has been rejected, withdrawn or regarded as withdrawn, a divisional application cannot be filed.
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a specified time limit; If the applicant fails to reply within the time limit, the application shall be deemed to be withdrawn.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.