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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:

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.
3 Notice of Allowance (dated on or after April 1, 2009) Applications filed before April 1, 2007 Applications filed on or After April 1, 2007
A divisional application cannot be filed.
  • 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)
  • Exception for a case in which an appeal has been filed.
  • It is possible to extend the deadline for 30-days by filing a Request for Extension of Time.
4 Decision of Rejection (dated on or after April 1, 2009) Without Appeal A divisional application cannot be filed. Within four months from the date of the Decision of Rejection
With Appeal
  • Within four months from the date of the Decision of Rejection
  • An Appeal must be filed together with the divisional application.
  • Within four months from the date of the Decision of Rejection
  • An Appeal must be filed together with the divisional application.

 

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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.

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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.

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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.

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