Proactively filing a divisional application has the following benefits:
1. The success rate is improved, which can save patent authorization time;
2. It is beneficial to apply for high-tech enterprises , policy funds and other government qualification certifications;
3. Applicants can enjoy more patent exclusivity and obtain more economic benefits.
Legal Basis
Article 42 of the "Implementing Rules for the Patent Law of the People's Republic of China"
A patent application covers two or more inventions , utility model or design, 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the time limit specified in Article 54, Paragraph 1 of these Rules; however, the patent application has been rejected, withdrawn or deemed If the case is withdrawn, a divisional application cannot be filed.
Article 43
A divisional application filed in accordance with Article 42 of these Rules may retain the original filing date, and if it enjoys priority, the priority date may be retained , but shall not exceed the scope recorded in the original application.
Relevant procedures for divisional applications shall be completed in accordance with the provisions of the Patent Law and these Rules.
The application number and filing date of the original application should be stated in the request for a divisional application. When submitting a divisional application, the applicant shall submit a copy of the original application documents; if the original application enjoys priority, a copy of the priority document of the original application shall also be submitted.