What are the conditions for a divisional application
1. File a divisional application, a patent applied for by the Applicant Must include two or more inventions, utility models or designs;
2. The divisional application must be submitted within the specified time limit from the date of the patent grant notice issued by the patent administration department of the State Council. If the time limit is exceeded, the divisional application will be deemed to have been abandoned;
3. If the filed patent application has been rejected, withdrawn or deemed withdrawn, the applicant cannot file a divisional case Apply;
4. If the Patent Administration Department of the State Council considers that the application documents submitted by the applicant do not meet the requirements or partially do not meet the requirements, and designates the applicant to make modifications and supplements within the prescribed time limit, and the applicant fails to respond within the time limit,An application for division cannot be made;
5. Submission of division The category of the patent applied for in the original application shall not be changed.
The applicant files a divisional case regarding his invention and creation If an application is filed and the original applicant enjoys priority, the priority date may be retained.
The applicant files a divisional application. The original application number and filing date should be clearly stated. When submitting a divisional application, the applicant should submit a copy of the original application documents. If the original application enjoys priority, a copy of the original application priority document should be submitted, and the applicant should submit a copy of the original application priority document in accordance with the Patents of the People's Republic of China. Go through relevant procedures in accordance with the Law and its implementing rules.
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