Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Time Limits for Filing

Date Published

Divisional Application Filed Prior to Grant of Parent Patent

Parent Application is for a Standard Patent

When the parent application is for a standard patent, the divisional application must be filed no later than 3 months from the date of advertisement of acceptance of the parent application (date can be found under the Publication Date for Applications Accepted on the Publication History screen), subject to the status of the parent.

Parent Application is for an Innovation Patent 

When the parent application is for an innovation patent, the divisional application may be filed at any time before grant of the parent, subject to the status of the parent and provided the parent has a date of patent (if granted) before 26 August 2021. 

However, where the parent application is itself a divisional of an innovation patent (grandparent), a further divisional application (either an innovation or standard patent application) cannot be made prior to being granted. This prevents a standard patent application being divided out from a granted innovation patent, either directly, or by being divided out as an application for an innovation patent and then being converted to an application for a standard patent.

Divisional Application Filed After Grant of Parent Patent

There is no provision for filing a divisional application where the parent is a granted standard patent.

For time limits when the parent is an innovation patent, see Innovation Divisional Applications. ​​​​​​​

Examination Practice

If a time limit in respect to a divisional application is not met, an objection should be taken that the application is not entitled to divisional status.

Where an application purports to be a divisional application but has not been filed within 3 months from the date of advertisement of acceptance of the parent application, examiners should check whether the time for filing of the application has been extended. If an extension of time has been sought and granted in relation to the filing of the application, then the application will satisfy the timing aspects. If a request for an extension of time has not been processed, the matter should be immediately referred to the Assistant General Manager (Oppositions) via a supervising examiner.

Amended Reasons

Amended Reason Date Amended

Published for testing

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