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Time Requirements for Filing Divisional Application

Taking this opportunity, we provide the information regarding filing of a divisional patent application, about which we are frequently asked.

According to the amended Patent law that took effect on April 1, 2009, time requirements for filing a divisional application at the time of transmittal of Certified Copy of Decision of Rejection/Decision of Patent Grant have been changed respectively as follows:

Applications filed on or before
March 31, 2007
Applications filed on or after
April 1, 2007
(1) At the time of Transmittal of Certified Copy of Decision of Rejection◆A divisional application can be filed simultaneously with the filing of an appeal against Decision of Rejection.
*The appeal can be filed within 3 months from the mailing date of the Decision of Rejection. (If the applicant resides abroad, the period shall be 4 months.)
◆A divisional application can be filed simultaneously with the filing of an appeal against Decision of Rejection.
*The appeal can be filed within 3 months from the mailing date of the Decision of Rejection. (If the applicant resides abroad, the period shall be 4 months.)
◆A divisional application can be filed within 3 months from the mailing date of the first Decision of Rejection. (If the applicant resides abroad, the period shall be 4 months.)
*The divisional application can be filed regardless of whether an appeal against Decision of Rejection is filed.

(2) At the time of Transmittal of Certified Copy of Decision of Patent GrantA Divisional application cannot be filed.◆A divisional application can be filed within 30 days from the mailing date of a Decision of Patent Grant but before or at the same time as payment of the registration fee.
*Applications for which an appeal against Decision of Rejection has been filed are excluded.
*The period cannot be extended even in the case where the applicant resides abroad.


- When a divisional application is filed simultaneously with the filing of an appeal against Decision of Rejection, the matters described in the description, claims or drawings of the divisional application shall be within the scope of matters described in the description, claims or drawings of the original application as of the filing since a division of an application is made within the time limit for amendments.

- When a divisional application is filed but not simultaneously with the filing of an appeal against Decision of Rejection, the matters described in the description, claims or drawings of the divisional application shall be within the scope of matters described in the description, claims or drawings of the original application immediately prior to being divided since a division of an application is not made within the time limit for amendments.

If you have any inquiries concerning this matter, please feel free to contact us.

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