The principle of oneness in patent application is also a basic principle in patent application, and its meaning can be understood in two ways. The narrow principle of patent application means that the content of a patent application can only contain one invention, and more than two inventions cannot be filed as one application. The broad principle of patent application not only includes the above meanings, but also includes that the same invention can only be granted one patent right, and the same invention cannot have two or more patents at the same time. Article 33 of China's patent law stipulates that the application for a patent for invention or utility model shall be limited to the invention or utility model patent. Two or more invention patents or utility model patents belonging to a general inventive concept may be filed as one application. An application for a patent for a design shall be limited to a design used by a product. Two or more designs of products sold or used in the same category in sets may be filed as one application.
There are six main types of inventions that conform to a single rule or belong to the general concept of invention:
(1) Similar inventions of two or more products or methods;
(2) the invention of the product and the method specially used for manufacturing the product;
(3) the invention of the product and the use of the product;
(4) the product, the method dedicated to manufacturing the product, the invention for implementing the method and the use of the product;
(5) the invention of the product, the method specially used for manufacturing the product and the equipment specially designed for implementing the method;
(6) Invention of the method and specially designed equipment for implementing the method.
The defect of non-uniformity can be overcome by modification and segmentation. The chamber can be a chamber requested by the applicant on his own initiative, or a chamber requested by the examiner by the applicant. It should be pointed out that the filing of the divisional application is the voluntary behavior of the applicant, so the examiner only needs the applicant to change two or more inventions that do not meet the requirements of oneness into two or more inventions that belong to a general invention concept. As for whether to file a divisional application for the modified remaining inventions, it is entirely up to the applicant.
In addition, one application can submit one or more divisional applications, and one or more divisional applications can be submitted based on the original application. If the filing date does not meet the filing date of the divisional application, it will not be allowed unless it is to overcome the single defect pointed out by the examiner.