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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 Once the parent application is granted or withdrawn, no additional voluntary divisional applications may be filed.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 : at any time during the pendency of the parent application, which means before the…

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    Recent Posts

    • Dec 11, 2020 A Detailed Dive into China’s New Patent Term Extension Provisions
    • Dec 11, 2020 China Releases Details on Patent Term Extension, Deferred Examination and More in the Latest Draft Implementation Rules of the New Chinese Patent Law
    • Dec 04, 2020 China Releases Draft Examination Guidelines for the new Patent Law
    • Nov 20, 2020 How will Civil Cases Work under the Patent Linkage Provision in the New Chinese Patent Law?
    • Nov 09, 2020 New Guidelines! How to Apply China’s Criminal Law in IP Infringement
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    • Oct 19, 2020 Breaking News: China passes Fourth Amendment to the Chinese Patent Law
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