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 Once the parent application is granted or withdrawn, no additional voluntary divisional applications may be filed.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…
