What is a divisional patent application?

The so-called split patent application means that when the patent applied by the applicant includes two or more inventions, utility models or designs, after the original application is filed, the applicant can apply to the patent administration department of the State Council for splitting the patent application into two or more patent applications within a certain period of time according to the law.

According to Article 42 of the Detailed Rules for the Implementation of the Patent Law:

Where an application for a patent includes two or more inventions, utility models or designs, the applicant may file a divisional application. The divisional application shall not change the category of the original application.

According to Article 5 1 of the Detailed Rules for the Implementation of the Patent Law:

The applicant for a patent for invention may, within 3 months from the date of receiving the notice that the application for a patent for invention has entered the substantive examination stage issued by the patent administration department of the State Council, take the initiative to propose amendments to the application for a patent for invention.

An applicant for a patent for utility model or design may, within 2 months from the date of application, put forward amendments to the application for a patent for utility model or design.