When may a divisional patent application be filed in China?

Answer:

1. A divisional application may be filed after the original application has been filed and before a Notification to Grant Patent Right or a rejection decision has been received. Generally, no divisional application may be filed if the original application has been withdrawn, or deemed withdrawn without restoration of rights.

2. If a Notification to Grant Patent Right has been issued, the applicant must file the divisional application no later than the expiry of two months from receipt of that notification for the original application. This is the period for completing the registration formalities.

3. If the original application has been rejected, the applicant may file a divisional application within three months of receiving the rejection decision, whether or not reexamination is requested.

4. A divisional application may also be filed after a request for reexamination has been made or during administrative litigation challenging the reexamination decision.