What should the applicant pay attention to regarding the divisional application?
As a special patent application, divisional application has many special provisions. Applicants should pay attention to the following when submitting divisional application: 1) The period and cost of divisional application are calculated from the filing date of the original application, not the filing date of divisional application. If various time limits have expired or less than two months have elapsed since the date of filing the divisional application, the applicant may go through various formalities within two months from the date of filing the divisional application or within fifteen days from the date of receiving the notification of acceptance. The divisional application shall be regarded as a new application, and various fees shall be charged. For the fees that have expired or are less than two months from the date of filing the divisional application to the due date, the applicant may pay them within two months from the date of filing the divisional application or within fifteen days from the date of receiving the notification of acceptance. 2) The applicant of the divisional application and the inventor's divisional application shall be the same as the applicant of the original application; In case of inconsistency, the certification materials of the applicant's change shall be submitted. The inventor of the divisional application shall also be the inventor of the original application or part of its members. 3) Category of divisional application The category of divisional application shall be consistent with that of the original application, that is, the original application is an application for a patent for invention, and the divisional application can only be an application for a patent for invention, not an application for a patent for utility model; Similarly, the original application is a utility model application, and the divisional application can only be a utility model patent application, not an invention patent application. 4) Time for filing the divisional application The applicant shall file the divisional application before the expiration of the two-month period (i.e. the time limit for handling the registration formalities) from the date of receiving the notice of granting the patent right from the Patent Office at the latest. After the expiration of the above-mentioned time limit, or the original application has been rejected, or the original application has been withdrawn, or the original application is regarded as withdrawn and its rights have not been restored, it is generally not allowed to file a divisional application. For the original application that the examiner has made a rejection decision, the applicant may file a divisional application within three months from the date of receiving the rejection decision, regardless of whether the applicant requests a review; After filing a request for review and during the administrative proceedings against the review decision, the applicant may also file a divisional application.