Divisional Application | China Patent Law Guide

If one patent application covers two or more inventions, utility models or designs, the applicant may file a divisional application with the CNIPA. However, a divisional application may not be filed if a patent application has already been rejected, withdrawn or deemed to have been withdrawn.

If the CNIPA considers that a patent application does not conform to the unity requirement, it shall notify the applicant that it must amend the application within a prescribed time limit. If the applicant does not reply within the time limit, the application shall be deemed to have been withdrawn.

No divisional application may change the category of the parent application.

Divisional applications may retain the original application date. If they have a priority right, the date of the priority right may be retained. However, the scope of the disclosure made in the parent application may not be exceeded.

The request for a divisional application shall specify the application number and application date of the parent application. When filing a divisional application, the applicant shall submit copies of the parent application documents. If the parent application had a priority right, copies of the priority right documents for the parent application shall also be submitted.

(By?Dr. Jian Xu . Last updated: Jun 2023)

- This article is an excerpt from my E-book, 'China Patent Law Handbook: A Concise Reference Guide for Legal Professionals ,' available on Amazon. You are welcome to check it out (and read it for free if you are a Kindle Unlimited subscriber).

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