#Patent Practice - some basic points about the divisional patent application in China
1. In most cases, upon the applicant’s instruction, the Chinese patent attorney will file the patent application based on a foreign priority via the Paris Convention route or the PCT route. 2. In China, the same as many other nations, whether to file a divisional application is depended on the unity issue of the claims. 3. For example, when entering into the Chinese national phase via the PCT route, your Chinese patent attorney will review the International Search Report. If this document reveals that there is a lack of unity between claims 1 and 2, then according to the Chinese practices, we can file the divisional application at an early stage without waiting for the official notification from the patent examination. 4. But of course, this is optional. To play safe, the applicant can always choose to file the divisional application until receiving an office action from the Chinese patent office about the unity issue. Theoretically, the divisional application can be filed at any time before the mother case is concluded. 5. Yet, if the case is based on the Paris Convention route, option in item 4 should be better in real practices. Further discussion is always welcome. #IP #IPCHINA #CNPATENT #patent #IP
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