What are the requirements for the divisional application of an invention patent, and what is the fee

There is a fee for a divisional application.

Patent Examination Guidelines, Part I, Chapter I, Time Limits and Fees for Divisional Applications.

In the case of a divisional application, various fees should be charged as if it were a new application. For all kinds of fees that have expired or are less than two months from the date of filing of the divisional application and the expiration date of the time limit, the applicant may make up the payment within two months from the date of filing of the divisional application or within 15 days from the date of receipt of the notice of acceptance; If the payment is not made or not paid in full at the expiration of the time limit, the examiner shall issue a notice of deemed withdrawal.

According to Article 42 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China (Revised in 2010), if a patent application includes more than two inventions, utility models or designs, the applicant may file a divisional application with the patent administration department before the expiration of the time limit specified in Paragraph 1 of Article 54 of these Rules; However, if the patent application has been rejected, withdrawn or deemed withdrawn, a divisional application cannot be filed.

Rule 43 A divisional application filed in accordance with Rule 42 may retain the original filing date or, if it enjoys the right of priority, the priority date may be retained, provided that it does not exceed the scope recorded in the original application.

A divisional application shall go through the relevant formalities in accordance with the provisions of the Patent Law and these Rules.

The request for divisional application shall indicate the application number and filing date of the original application. When filing a divisional application, the applicant shall submit a copy of the original application documents; If the original application has priority, a copy of the priority document of the original application shall be submitted.

There is a fee for a divisional application:

In the case of a divisional application, various fees should be charged as if it were a new application. For all kinds of fees that have expired or are less than two months from the date of filing of the divisional application and the expiration date of the time limit, the applicant may make up the payment within two months from the date of filing of the divisional application or within 15 days from the date of receipt of the notice of acceptance; If the payment is not made or not paid in full at the expiration of the time limit, the examiner shall issue a notice of deemed withdrawal.

Definitely, it's another patent, and the patent should be charged as much as it wants.

Legal analysis: The requirements for a divisional application for an invention patent are as follows: (1) a patent application should include more than two inventions; (2) the inventor of the divisional application shall also be the inventor of the original application or some of its members; (3) a divisional application shall be filed on the basis of the merger of the original application (the first application); 4) The Patent Office has made a decision to grant a patent on the original application.

If the patent application has been rejected, withdrawn or deemed withdrawn, a divisional application cannot be filed;

5) The applicant shall file the application within two months from the date of receipt of the notice of grant of patent right.

Legal basis: Article 42 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China Rule 42 Where a patent application includes two or more inventions, utility models or designs, the applicant may file a divisional application with the patent administration department before the expiration of the time limit specified in Paragraph 1 of Article 54 of these Rules; However, if the patent application has been rejected, withdrawn or deemed withdrawn, a divisional application cannot be filed.

Rule 54 After the patent administration department issues a notice of grant of patent right, the applicant shall go through the registration formalities within two months from the date of receipt of the notice. If the applicant goes through the registration formalities on time, the patent administration department shall grant the patent right, issue a certificate of patent sale, and make a public announcement.

A divisional application for a patent for invention shall meet the following five conditions: (1) two or more inventions shall be included in a patent application for verification and reprimand; (2) The inventor of the application for change shall also be the inventor of the original application or some of its members; (3) a divisional application shall be filed on the basis of the original application (the first application); 4) The Patent Office has made a decision to grant a patent on the original application. If the patent application has been rejected, withdrawn or deemed withdrawn, a divisional application cannot be filed; 5) The applicant shall file the application within two months from the date of receipt of the notice of grant of patent right.

Article 42 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China Article 54 for the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.

The requirements for filing a divisional application for invention patent are as follows: the patent application should include more than two inventions; Filed on the basis of the original application; The inventor of the divisional application should also be the inventor of the original application or some of its members; The Patent Office has made a decision to grant a patent on the original application.

Legal basisArticle 31 of the Patent Law of the People's Republic of China.

If an application for a patent for an invention or utility model is in high difficulty, it shall be limited to one invention or utility model. Two or more inventions or utility models that belong to a general invention concept may be filed as one application.

A design patent application should be limited to one design. Two or more similar designs for the same product, or two or more designs for the same class and in a set** or for a product used, may be filed as a single application.

1) Where a divisional application is filed, the original filing date may be retained, and if the priority is enjoyed, the priority date may be retained, but the scope of disclosure of the original application shall not be exceeded. (2) The application number and filing date of the original application shall be stated in the request for divisionalization. At the time of submission, the applicant shall submit a copy of the original application documents; If the original application has priority, a copy of the priority document of the original application shall be submitted.

3) If a divisional application has already been filed, and the petitioner needs to file another application for divisional appeal in response to the divisional application, the applicant shall also fill in the application number of the divisional application in parentheses after the application number of the original application. (4) The divisional application for a patent for invention shall not change the category of the original application. (5) The divisional application for a patent for invention shall not change the applicant of the original application, and if it is not the same, the supporting materials for the transfer of rights shall be submitted.

6) In addition to the application documents, a divisional application shall also submit a copy of the application documents of the original application and copies of other documents related to the divisional application in the original application, such as a copy of the priority document.

Legal basisArticle 30 of the Patent Law of the People's Republic of China.

If the applicant claims priority, he or she shall submit a written statement at the time of application and submit a copy of the first patent and cancellation application documents within three months; If a person fails to submit a written declaration or fails to submit a copy of the patent application within the time limit, it shall be deemed that priority has not been claimed.