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13.6 May I request division based on the same claims in the approved original patent application?

No. The divisional patent application should be based on the invention(s) disclosed in the description or the drawing(s). It should not be the same as the approved invention(s) in the original patent application. The description, claim(s), or drawing(s) of the original patent application that are approved may not be altered and should be published based on the claim(s) and drawing(s) as originally approved.

  • Publish Date : 2020-09-11
  • Update : 2020-09-14
  • Organization : International Legal Affairs Office
  • Visitors : 405

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