Japanese Patent FAQs
Q.When can an applicant file a divisional application in Japan?
A divisional patent 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.
It is possible to extend the deadline for three months by filing Requests for Extension of Time.
Depending on the filing date of the application and other factors, further time periods for filing a divisional application might be available. See the table below:
Q.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.
Q.Is it possible to file one or more divisional applications based on the original application?
Yes. More than one divisional application can be filed based on the original application.
Q.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.