Legal analysis: The various legal deadlines applicable to divisional applications, such as the time limit for submitting a request for substantive examination, should be calculated from the original filing date. For various time limits that have expired or are less than two months from the date of submission of the divisional application to the expiration date, the applicant may make a new application within two months from the date of submission of the divisional application or within 15 days from the date of receipt of the acceptance notice Various procedures; if the application is not reissued upon expiration, the examiner shall issue a deemed withdrawal notice.
For divisional applications, various fees should be charged as a new application. For various expenses that have expired or are less than two months from the date of submission of the divisional application to the expiration date, the applicant may within two months from the date of submission of the divisional application or within 15 days from the date of receipt of the acceptance notice If the payment is not made at the end of the period or is not paid in full, the examiner shall issue a deemed withdrawal notice.
Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Article 32: In a patent application, the applicant may request one or more If multiple priorities are claimed for one priority claim, the priority period of the application shall be calculated from the earliest priority date.
The applicant claims priority in his or her country. If the earlier application is an invention patent application, he or she can file an invention or utility model patent application on the same subject. If the first application is a utility model patent application, he or she can file a utility model on the same subject matter. Or apply for an invention patent. However, when filing a later application, if the subject matter of the earlier application falls under any of the following circumstances, it shall not be used as the basis for claiming domestic priority:
(1) Foreign priority or domestic priority has been claimed;
(2) The patent right has been granted;
(3) It is a divisional application filed in accordance with regulations.
If the applicant claims domestic priority, his or her earlier application will be deemed to have been withdrawn from the date of filing of the later application.
Article 42 If a patent application includes more than two inventions, utility models or designs, the applicant may apply to the If the patent administration department of the State Council files a divisional application and the patent application has been rejected, withdrawn or deemed withdrawn, the divisional application cannot be filed. If the patent administration department of the State Council deems that a patent application does not comply with the provisions of Article 31 of the Patent Law and Article 34 or 35 of these Rules, it shall notify the applicant to submit an application for amendment within the specified period. If the applicant fails to respond within the time limit, the application will be deemed withdrawn.