What are the requirements for divisional application for invention patent in 2023?

In the current society, if a patent application covers more than two inventions, the Applicant can file a divisional application. So, what are the conditions for application for divisional invention patent? In order to answer this question, the editor of Legal Savior Network will give you the corresponding answer below for your reference and study. I hope the following answer will be helpful to you.

1. What are the conditions for application for invention patent division?

Invention patent division A case application must meet the following five conditions:

1. When filing a divisional application, a patent applied by the applicant must include two or more inventions and utility models. Or appearance design;

2. The divisional application must be filed within two months from the date of the patent grant notice issued by the patent administration department of the State Council. If it exceeds two months, If the time stipulates, the divisional application will be deemed to have been abandoned;

3. If the filed patent application has been rejected, withdrawn or deemed to have been withdrawn, the applicant cannot file a divisional application. ;

4. The Patent Administration Department of the State Council believes that the application documents submitted by the applicant do not meet the requirements or partially do not meet the requirements, and designate the applicant to make modifications within the prescribed period. , Supplement, if the applicant fails to respond within the time limit, he cannot file a divisional application;

5. The patent filed for divisional application shall not change the original application patent. category. If an applicant files a divisional application for his own invention and creation, and the original applicant enjoys the right of priority, the priority date can be retained. When an applicant files a divisional application, the original application number and filing date should be clearly stated in the application. When submitting a divisional application, the applicant should submit a copy of the original application documents. If the original application enjoys priority, the original application priority document should be submitted. A copy of the application must be submitted, and the relevant procedures must be completed in accordance with the Patent Law of the People's Republic of China and its implementation rules.

2. What are the meanings of the three categories of patent rights

(1) Patent rights are exclusive rights granted by the state to patentees for their patented products within a certain period of time in accordance with the law.

(2) Patents are inventions protected by patent law, and generally include three types of patents: invention, utility model and design.

(3) A patent is a patent document, the main part of which is the patent specification describing the invention and creation.

Article 2 of the Patent Law of the People's Republic of China

Inventions referred to in this Law Creation refers to inventions, utility models and designs.

Invention refers to a new technical solution proposed for a product, method or improvement thereof.

Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.

Appearance design refers to the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern that is aesthetically pleasing and suitable for industrial applications. new design.

The above is the answer given by the editor of Legal Savior Network on "What are the conditions for divisional application for invention patent?" We can understand that the requirements for divisional application for invention patent are If you meet the above five conditions, I hope it will be helpful to you. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.