What are the preliminary examination provisions for a divisional application for a patent for invent

1. The filing date of the original application as stated in the request.

The application date of the original application shall be correctly filled in the request, and if the application date is incorrect, the examiner shall issue a notice of correction and notify the applicant to make corrections. If it is not supplemented and corrected at the expiration of the time limit, the examiner shall issue a notice of deemed withdrawal; If the amendment meets the requirements, the examiner shall issue a notice of redetermination of the filing date and revise the filing date in the database.

2. Time for filing the divisional application.

The applicant shall file a divisional application at the latest before the expiration of a period of two months from the date of receipt of the notice of grant of patent right from the patent office in respect of the original application (i.e. the time limit for registration). After the expiration of the above-mentioned time limit, or if the original application has been rejected, or the original application has been withdrawn, or the original application is deemed withdrawn and the rights have not been restored, no further divisional application shall generally not be filed.

For the original application for which the examiner has issued a decision of refusal, a divisional application may be filed within three months from the date on which the applicant receives the decision of refusal, regardless of whether the applicant has filed a request for reexamination; The applicant may also file a divisional application after the request for review is filed and during the administrative litigation filed against the review decision.

In the preliminary examination, if the filing date of the divisional application does not meet the above requirements, the examiner shall issue a notice of non-filing of the divisional application and close the case.

If an application for divisional application has already been filed and the applicant needs to file a second application for division, the time for submission of the re-filed application for divisional application shall still be reviewed in accordance with the original application. If the date of submission of the redivision does not meet the above requirements, the division shall not be allowed. However, due to the defect of unitary nature of the divisional application, the applicant may file a divisional application again in accordance with the examiner's office action.

In the case of such an exception, the applicant shall submit a copy of the notification of reasons for refusal or the notice of divisionalization issued by the examiner at the same time as filing a second application for division. If a copy of the notice of reasons for refusal or the notice of division that meets the requirements is not submitted, it cannot be handled in accordance with the exception. For those who do not meet the requirements, the examiner shall issue a notice of correction and notify the applicant to make corrections.

If the applicant still does not comply with the requirements after supplementing and correcting it, the examiner shall issue a divisional application as if it has not submitted a notice and close the case.

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 right in respect of 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.

Legal analysis: The conditions for applying for a divisional application for an invention patent are as follows: fierce erection.

1. To file a divisional application, a patent applied for by the applicant must include more than two inventions, utility models or designs;

2. The application for division must be filed within two months from the date of the notice of grant of the patent issued by the patent administration department, and the time limit of more than two months shall be deemed to have abandoned the divisional application;

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

4. If the patent administration department 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 modify or supplement them within the prescribed time limit, and the applicant fails to reply after the expiration of the time limit, the applicant cannot file a divisional application;

5. The patent for which a divisional application is filed shall not change the category of the original patent application.

Legal basis: 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, before the expiration of the time limit specified in Paragraph 1 of Rule 54 of these Rules, file a divisional application with the patent administration department; However, if the patent application has been rejected, withdrawn, retrieved, or deemed to have been withdrawn, a divisional application cannot be filed.

If the patent administration department considers that a patent application does not comply with the provisions of Article 31 of the Patent Law and Articles 34 or 35 of these Regulations, it shall notify the applicant to amend the application within the specified time limit; If the applicant fails to reply within the time limit, the application shall be deemed to be withdrawn.

A divisional application may not change the class of the original application.

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 patent certificate, and make a public announcement.

If the registration formalities are not completed after the expiration of the time limit, it shall be deemed to have waived the right to obtain the patent right.