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The timing of the division of Chinese patent applications
Release time:2019-01-07 15:40:58

Recently, the Chinese patent community has been talking about an interesting case. The application date is December 1995, the authorization announcement date is June 29, 2016, the authorization announcement number is CN102841776B, and the patentee is Intel Corporation. The patent right in China is 20 years from the date of filing. Therefore, the case is authorized only after the patent expires.

The parent case is the case of PCT/US95/15713 entering China. The Chinese application number is 95197430.0, which was announced on November 20, 2002. After that, the applicant submitted a divisional application with the application number 02126161.X, which is Submitted in 2002, the announcement of the authorization on August 20, 2008; subsequently, the applicant submitted a second divisional application, which is the case mentioned at the beginning of the article. The application number is 201210161092, which is also submitted in 2012. of.

How did the patentee of the case do it? Let's take a look at the time of submission of the divisional application, which is stipulated in China's Patent Examination Guide. In the first chapter of the first part of the Patent Examination Guidelines, the time for submitting a divisional application is as follows:

At the latest, a divisional application shall be filed before the expiration of the two-month period (ie, the period for registration) from the date of receipt of the patent application by the Patent Office for the original application.

For an application that has been filed, the applicant needs to file a separate application for the divisional application, and the time for submitting the divisional application for resubmission should still be reviewed according to the original application. If the submission date of the division is not in conformity with the above provisions, no case will be scored.

However, due to the singularity of the divisional application, the applicant shall file a separate application in accordance with the reviewer's review opinion.

In other words, the timing of the second division is originally related to the status of the original application. If the status of the original application has exceeded two months from the date of receipt of the authorization notice, then even if the division is still under review. It is also impossible to make a second division. The one exception is that if a examiner points out that there is a single defect in a division, the applicant will be given the opportunity to make a second division.

Therefore, for important cases, when submitting a divisional application, deliberately leaving some independent claims that lack unity, and then decide whether to conduct a second division according to the situation, is also a strategy.


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Copyright Beijing Zhongcheng Intellectual Property Agency Co., Ltd.
Telephone:+86 010-82870739
Address: Room 214, 2nd Floor, 23 Building, 31 North Third Ring Road, Haidian District, Beijing.
Copyright Beijing Zhongcheng Intellectual Property Agency Co., Ltd.