Time frame for filing a divisional application

2009.05.27

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.
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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