Patent Act Article 34

Divisional application of invention patentA patent application that substantially contains two or more inventions may, upon notice by the Specific Patent Agency or upon request by the applicant, be divided into two or more divisional applications.A request for division shall be filed within any of the following time periods:1. before a reexamination decision on the original patent application is rendered; or2. within three (3) months after the date on which an approval decision for the original patent application or reexamination is served.The filing date of the divisional patent application shall be the same as the filing date of the original application. Where the priority claim has been made, the applicant may claim priority for the divisional patent application.The divisional patent application shall not extend beyond the scope of content disclosed in the description, claim(s), or drawing(s) of the original patent application as filed.For the divisional patent application filed in accordance with Subparagraph 1 of Paragraph 2, the examination thereof shall resume the completed examination procedure of the original patent application.For the divisional patent application filed in accordance with Subparagraph 2 of Paragraph 2, it shall be based on the invention(s) disclosed in the description or the drawing(s), but shall not be the same as that which has been approved in the original patent application; the examination thereof that has been conducted before the original patent application is approved shall be resumed.The description, claim(s), or drawing(s) of the original patent application that have been approved may not be altered and shall be published based on the claim(s) and drawing(s) as originally approved.
中文原文 專利法第34條
申請專利之發明,實質上為二個以上之發明時,經專利專責機關通知,或據申請人申請,得為分割之申請。
分割申請應於下列各款之期間內為之:
一、原申請案再審查審定前。
二、原申請案核准審定書、再審查核准審定書送達後三個月內。
分割後之申請案,仍以原申請案之申請日為申請日;如有優先權者,仍得主張優先權。
分割後之申請案,不得超出原申請案申請時說明書、申請專利範圍或圖式所揭露之範圍。
依第二項第一款規定分割後之申請案,應就原申請案已完成之程序續行審查。
依第二項第二款規定所為分割,應自原申請案說明書或圖式所揭露之發明且與核准審定之請求項非屬相同發明者,申請分割;分割後之申請案,續行原申請案核准審定前之審查程序。
原申請案經核准審定之說明書、申請專利範圍或圖式不得變動,以核准審定時之申請專利範圍及圖式公告之。

English translation for reference only; the Chinese text prevails. Not legal advice.