The applicant's reply can only be a statement of opinions, or it can further include the revised application documents. Where the applicant raises objections to the examination opinions in the notice of examination opinions or modifies the application documents in the reply, it shall state the specific opinions in detail in the statement of opinions, or explain whether the modified contents conform to the relevant provisions and how to overcome the defects in the original application documents.
Article 43 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) * * An application for division filed in accordance with the provisions of Article 42 of these Detailed Rules may retain the original filing date, and the priority date may be retained if it enjoys priority, 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.
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specified in the first paragraph of Article 54 of these Rules; However, if the patent application has been rejected, withdrawn or regarded as withdrawn, a divisional application cannot be filed.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a specified time limit; If the applicant fails to reply within the time limit, the application shall be deemed to be withdrawn.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 46 Where an applicant requests the early publication of his application for a patent for invention, he shall make a statement to the patent administration department of the State Council. In addition to rejecting the application, the administrative department for patent in the State Council shall publish the application immediately after preliminary examination.