由一件误填分案申请信息的案例引发的思考

Thoughts Triggered by a Case of Application for Information by Misapplication

在实用新型审查中,分案申请的审查包括形式审查和明显实质性缺陷审查,其中,形式审查主要以请求书为审查基础。本文从一件误填请求书分案申请信息的案例出发,探讨了在实用新型审查中由于申请人误填分案申请信息导致一般申请被视为分案申请受理时,申请人能否通过删除分案申请信息将其转为一般申请或者提出一份新的申请并要求分案申请的优先权的方式作为补救,还提出了相关建议。

In the examination system of the utility model patent, the scope of the examination of divisional application should contain the formal examination and the obvious substantive defects examination. The formal examination mainly base on the request. This article begins with a divisional application case in which the fi ling date and the application number of the initial application indicated in the request is fi lled in wrongly. The author discusses when a normal application is accepted as a divisional application due to the fi ling date and the application number of the initial application indicated in the request is fi lled in wrongly, whether the applicant is permitted to convert the divisional application to the normal application by deleting the application number of the initial application indicated in the request or request the priority of the divisional application in order to make a remedy, and puts forward related suggestions.