The patent applied by the applicant includes two or more inventions, utility models or designs. The applicant may, within two months from the date of receiving the approval notice from the patent administration department of the State Council, exercise the right to divide the approved patent into two or more patents to the patent administration department of the State Council. This is a divisional application for patent. Where an applicant files a divisional application for his invention-creation, if the original applicant enjoys priority, the priority date may be retained.
Legal basis:
Article 42 of the Patent Law of People's Republic of China (PRC) 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specified in the first paragraph of Article 54 of these Rules; However, if the patent application has been rejected, withdrawn or regarded as withdrawn, a divisional application cannot be filed.