When can the applicant file a divisional application?
As a special patent application, divisional application has clear provisions on the filing time. The applicant shall, at the latest, file a divisional application before the expiration of the two-month period (that is, the time limit for handling the registration formalities) from the date of receiving the notice of granting the patent right from the Patent Office. After the expiration of the above-mentioned time limit, or the original application has been rejected, or the original application has been withdrawn, or the original application is regarded as withdrawn and its rights have not been restored, it is generally not allowed to file a divisional application. For the original application that the examiner has made a rejection decision, the applicant may file a divisional application within three months from the date of receiving the rejection decision, regardless of whether the applicant requests a review; After filing a request for review and during the administrative proceedings against the review decision, the applicant may also file a divisional application. However, due to a single defect in the divisional application, the applicant submits the divisional application again according to the examiner's review opinions. For this exception, the applicant shall submit a copy of the notice of examination opinions or the notice of division issued by the examiner when applying for division again.