Requirements for Divisional Applications

2021.08.26
Aki Ryuka
Japan Patent Attorney
Attorney at law, California, USA


1. When a divisional application can be filed?

2. Filing a divisional application with new claims?
If a feature is deleted when a divisional application is filed, the deleted feature cannot be reinstalled. Accordingly, we file a divisional application that is the same as the parent application and present new claims by translation or preliminary amendment. This preserves maximum scope of future amendments.

3. First and final office action
The office actions to the parent that were already issued before the examination is requested to the divisional application, must be cured in the divisional application. Otherwise, the first office action to the divisional application is made final, and only the claim elements that already exist in the claim can be further limited.

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