SAINT ISLAND INTELLECTUAL PROPERTY GROUP

The time limit to file a divisional application is within 3 months from receipt of the Notice of Allowance. Moreover, filing a divisional application is permitted even if and when the Notice of Allowance is issued at the reexamination stage.
 

In addition, the Applicant is allowed to submit the claims and pay the official fees on a belated basis.
 

Since a divisional application, once filed, will be at the same examination stage as the parent application, it is generally advisable to file the divisional application as soon as possible so that the Applicant may have more chances to address the issues raised by the Examiner.
 

The Applicant must file a substantive examination request for the divisional application within 3 years from the filing date of the parent application, or within 30 days from the date of filing the divisional application if the three-year time limit has passed.
 

Further, there is no limit on the number of divisional applications as long as the disclosure of the divisional application(s) can find support from the parent application.