1. What are the conditions for filing a patent divisional application
1. The conditions for patent divisional application are as follows:
(1) When filing a divisional application, a patent applied by the Applicant must include two or more inventions and utility models or 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, and more than two months If the time stipulation is stipulated in the divisional application, it 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(3) If the filed patent application has been rejected, withdrawn or deemed to have been withdrawn, the applicant cannot file a divisional application. 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 designates the applicant to submit the application within the prescribed time limit. If the applicant fails to respond within the time limit, he or she cannot file a divisional application;
(5) The patent for which a divisional application is submitted must not be changed. The category of the original patent application.
2. Legal basis: According to Article 42 and Article 54 of the "Implementing Rules of the Patent Law of the People's Republic of China", two or more inventions and utility models 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time limit specified in Article 54, Paragraph 1 of these Rules; however, if the patent application has been rejected, withdrawn or deemed withdrawn, Divisional applications cannot be filed. If the patent administration department of the State Council considers that a patent application does not comply with the provisions of Article 31 of the Patent Law and Article 35 or 36 of these Rules, it shall notify the applicant to modify the application within a designated period; The applicant fails to respond within the time limit.
2. What does this application consider as a divisional application of a patent and the conditions it meets?
A divisional application of a patent refers to The patent applied for by the applicant includes two or more inventions, utility models or designs. The applicant may, within two months from the date of receipt of the notice of approval and grant of patent from the Patent Administration Department of the State Council, submit the application to the Patent Administration Department of the State Council that has been granted. The right to divide an approved patent into two or more patents is called a patent division application.
1. Divisional application must meet the following five conditions:
(1) Filed For a divisional application, a patent applied by the applicant must include two or more inventions, utility models or designs;
(2) A divisional application must be filed Within two months from the date when the Patent Administration Department of the State Council issues a patent grant notice, if the time limit exceeds two months, 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 application;
(4) The Patent Administration Department of the State Council considers that the application If the application documents submitted by the applicant do not meet the requirements or partially do not meet the requirements, the designated applicant shall modify and supplement them within the specified time limit. If the applicant fails to respond within the time limit, the applicant cannot file a divisional application;
(5) For a patent filed as a divisional application, the category of the originally applied for patent shall not be changed.
2. If the applicant files a divisional application for his own invention and creation, and the original applicant enjoys 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 If the application enjoys priority, a copy of the original application priority document shall be submitted, and relevant procedures shall be completed in accordance with the Patent Law of the People's Republic of China and its implementation rules. Patent application that can be filed as one application
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