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Japanese Patent Application FAQs
Divisional Application
1. When can an applicant file a divisional application in Japan?
The following lists the time periods in which a divisional application may be filed (it is the same as the deadline for filing an amendment):
Applications filed before April 1, 2007
A divisional application may be filed:
1) at any time before a first office action is issued;
2) within three months from the date of the Notification of Reasons for Rejection; or
3) within 30 days from the filing date of a Demand for Appeal (a Demand for Appeal may be filed within 90 days from the date of the Decision of Rejection).
Applications filed on or after April 1, 2007
A divisional application may be filed:
1) at any time before a first office action is issued;
2) within three months from the date of the Notification of Reasons for Rejection;
3) within 30 days from the filing date of a Demand for Appeal (a Demand for Appeal may be filed within 90 days from the date of the Decision of Rejection);
4) within 30 days from the date of a Notice of Allowance* without paying the registration fee (a Decision of Appeal Examination has not been entered in the case); or
5) within 90 days from the date of the Decision of Rejection (without filing an appeal).
* It is possible to extend the deadline for 30-days by filing a Request for Extension of Time.
2. Is it necessary to file a request for examination for a divisional application even though a request for examination has been filed for the original application?
Yes. A request for examination for a divisional application must be filed for further prosecution. The deadline for filing a request for examination is three years form the filing date of the original application. If a divisional application is filed after the time period for filing a request for examination of the original application has elapsed, a request for examination must be filed within thirty days after filing the divisional application.
3. Is it possible to file one or more divisional applications based on the original application?
Yes. More then one divisional application can be filed based on the original application.
4. Can a second divisional application be filed from a first divisional application?
Yes. A divisional application can be filed based on the first divisional application. A second divisional application can also be filed but it is subject to many limitations. Accordingly, it is highly recommended to file the divisional application based on the original application.