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    China Divisional Practice

    June 17, 2019

    China allows the filing of divisional applications but under specific circumstances. Most importantly, divisional applications can usually only be filed voluntarily during the prosecution of the original parent application. Once the parent application is granted or withdrawn, no additional voluntary divisional applications may be filed. However, divisionals can be filed to pursue subject matter not yet pursued due to a unity rejection raised by an examiner in an earlier application at any time regardless of the status of the parent application. Timelines: When Must a Divisional Application Be Filed? A divisional application can be filed : Under What Circumstances can Divisional Applications be Filed? During the pendency of the parent…

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Popular Posts

  • <strong>CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants</strong>
  • <strong>Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators</strong>
  • First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing
  • <strong>Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program</strong>
  • <strong>FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement</strong>

Recent Posts

  • Apr 12, 2023 CNIPA further clarifies how it counts “delays” when calculating Patent Term Adjustment (PTA) in the new Draft Examination Guidelines and how it affects international applicants
  • Mar 22, 2023 Foreigners Beware: China Proposes Requiring IP Made Using Exported Chinese Genetic Resources to be Co-Owned by Chinese Collaborators
  • Mar 08, 2023 First Ever Successful Invalidation Challenge Due to Unauthorized Foreign Filing
  • Jan 10, 2023 Introducing the New USPTO Cancer Moonshot Expedited Examination Pilot Program
  • Jan 04, 2023 FOLLOW UP: Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • Jan 04, 2023 BREAKING NEWS: New Pilot Program for Hong Kong Applicants to get Accelerated Patent Examination in the Chinese Patent Office Starting January 1, 2023
  • Dec 13, 2022 Chinese Courts Cares More About Patent Quality Now (A Doctrine of Equivalents Story)
  • Dec 02, 2022 Amendments to the China Patent Examination Guidelines in 2022 – Part 1: New rules for designs in view of China signing onto the Hague Agreement
  • Nov 24, 2022 China Proposes New Examination Guidelines for Utility Models
  • Nov 17, 2022 China Announcing More Proposed Amendments to the Examination Guidelines in 2022
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