The divisional application may not change the kind of protection of the initial application.
分案的申请不得改变原申请的类别。
(2) The applicant may also, on his own initiative, divide a patent application and preserve as the date of each divisional application the date of the initial application and the benefit of the right of priority, if any.
(3) where it is the subject matter of a divisional application filed as prescribed.
(三)属于按照规定提出的分案申请的。
divisional application
分案申请
The divisional application shall go through all the formalities in accordance with the provisions of the Patent Law and these Implementing Regulations.
分案申请应当依照专利法及本细则的规定办理有关手续。
However, where an application for patent has been rejected, withdrawn or is deemed to have been withdrawn, no divisional application may be filed.
但是,专利申请已经被驳回、撤回或者视为撤回的,不能提出分案申请。
(4) where the amendment to the application does not comply with the provisions of Article 33 of the Patent Law, or the divisional application does not comply with the provisions of Rule 43, paragraph one of these Implementing Regulations.
(四)申请的修改不符合专利法第三十三条规定,或者分案的申请不符合本细则第四十三条第一款规定的。
When the divisional application is filed, it shall be accompanied by a copy of the initial application;