1. Period during which divisional applications can be filed

Divisional applications can be filed during the following periods (1)-(3).

(1) During the time period in which amendments to the description, claims, or drawings are allowed
Amendments can be made (a) from the filing of the application until the delivery of a certified copy of the decision to grant a patent (excluding after the first receipt of a Notice of Reasons for Refusal), (b) within the period for responding to a Notice of Reasons for Refusal, and (c) at simultaneous with a filing of a request for a trial against an examiner’s decision of refusal.

(2) Within 30 days from transmittal of a certified copy of the decision to grant a patent (excluding cases where a trial against an examiner’s decision of refusal is requested)

(3) Within three months from transmittal of a certified copy of the non-final decision of refusal

2. Substantive requirements for divisional applications

The following requirements (A)-(C) must be met.

(A) All of the inventions stated in the description, etc., as they stand immediately prior to the division of the original application do not together constitute the invention claimed in the divisional application.

(B) The matters stated in the description, etc., of the divisional application are within the scope of those stated in the description, etc., of the original application as they stood at the time of filing thereof.

(C) The matters stated in the description, etc., of the divisional application are within the scope of those stated in the description, etc., of the original application as they stand immediately prior to the division thereof.

You cannot add new matters to an original application to file a divisional application. In other words, no system corresponds to a continuation-in-part application in the United States.

3. Official fees

As with regular applications, filing fees and examination request fees are charged. There are no additional fees specific to divisional applications.

4. Notes

If the reasons for refusal of the divisional application include the same reasons for refusal as for the original application, a final Notice of Reasons for Refusal will be issued instead of a first Notice of Reasons for Refusal. In this case, the scope of possible amendments will be limited, so the reasons for refusal of the original application should be resolved from the beginning of the divisional application.

Japanese Patent Attorney
Yosuke Katsumi