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ARTICLE · 26 JANUARY 2018

Q&A: Divisional Application Deadlines And Extensions

In Japan, an applicant may file a divisional patent application (in accordance with Patent Act Art. 44). This is possible from the filing of the application until prescribed deadlines.

JapanIntellectual Property

In Japan, an applicant may file a divisional patent application (in accordance with Patent Act Art. 44). This is possible from the filing of the application until prescribed deadlines.

When is the latest I may file a divisional application after the JPO grants my patent?

The JPO's Decision to Grant a Patent transmittal date triggers a thirty-day window for filing a divisional application. By the end of the thirty days the applicant must file any divisional application(s) desired. Please note that this is only viable for applications that was filed after April 1, 2007. (Most likely this applies to yours, but be sure to check!)

Please note that a divisional application must be filed within 30 days from the transmittal date of the Decision to Grant a Patent and before the registration fee is paid. Once you have paid the Issue Fee, it is not possible to file a divisional application, so at the latest the divisional application needs to be filed along with the Issue

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