Comparison of the provisions of divisional application in Chinese and Korean patent systems

In China, before the end of the patent application, the applicant can file one or more divisional applications based on the patent application. Similarly, Korean patent applications also have divisional applications, so are the relevant provisions of divisional applications in the Chinese and Korean patent systems the same? Let's take a look at the comparison of the provisions on divisional application in Chinese and Korean patent systems. Comparison of the provisions on divisional application in Chinese and Korean patent systems Article 42 of the Detailed Rules for the Implementation of China's Patent Law stipulates that if 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 stipulated in the first paragraph of Article 54 of these Rules; However, if the patent application has been rejected, withdrawn or regarded as withdrawn, a divisional application cannot be filed. Article 54 stipulates that after the patent administrative department of the State Council issues a notice of granting a patent right, the applicant shall go through the registration formalities within 2 months from the date of receiving the notice. Where the applicant goes through the registration formalities on schedule, the patent administrative department of the State Council shall grant the patent right, issue the patent certificate and make an announcement. That is to say, in our country, if an applicant requests a division, he should file a division request with the Patent Office before the expiration of the two-month period from the date when the power of attorney is issued by the Patent Office. It should be noted that even if the applicant goes through the registration formalities in advance before the expiration of the two-month period, he can still file a divisional application before the expiration of the two-month period after registration according to the above provisions, that is, as long as the patent application is not terminated, he can file a divisional application. Where the patent application has been rejected, withdrawn or deemed withdrawn, no divisional application may be filed. In South Korea, the division system before the patent application is rejected is similar to that in China, and it also needs to meet the requirement that the content of the division application should not exceed the scope of the original application. However, when the Korean patent application was rejected, the provisions of the divisional application were different from those of China. Agents engaged in Korean-related patent agency are familiar with it. After the Korean patent application is rejected, there are two remedies, one is review, and the other is refusal to accept the trial. In the first way, the applicant must amend the claim to claim the originality of the patent, while in the second way, the applicant cannot amend the claim, but can only argue with the current claim. Of course, when the applicant claims the progressiveness of the patent through reexamination and is rejected again, he can also plead by refusing to accept the trial. Then, if the applicant finally argues by refusing to accept the trial, and the judge of the Korean Patent Office once again denies the creativity of the patent and rejects the applicant's claim, can he apply for division? The answer is no, that is to say, the filing period of Korean patent application is only within the filing period of refusing to accept the trial. With regard to the comparison of the provisions on divisional application in Chinese and Korean patent systems, here is to answer this question. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.