We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights.

Annex A - Procedural Outline to Divisional Application Examination

Date Published

​​​​​​​(supplementary to the outline to full examination in 2.13 Annex A – Procedural Outline for Full Examination of a Standard Patent Application)


Consider all 'relative' case files (Registry Manager to supply paper cases).

2.10.9 Considering "Relative" Cases During Examination


Check type of parent (e.g. not provisional).

2.10.1 Application

2.10.2 Priority Entitlement

2.10.8 Dividing From a Provisional Application


Check that the parent application had not lapsed or been refused or withdrawn at the time of filing of the divisional application.

2.10.1 Application

2.10.4 Status of Parent


Check that the divisional application was filed within the relevant time limit.

2.10.3 Time Limits for Filing Applications


Check that the patent request invokes sec 79B or sec 79C by stating the number of the parent application.

2.10.1 Application

The applicant for the divisional application must be the same applicant as for the parent application, the patentee of the parent innovation patent, or a person entitled to make a request under sec 113 ("Persons claiming under assignment or agreement").

2.10.1 Application


Check entitlement.

2.10.1 Application


If the patent request indicates that the application is a Convention application, check that it satisfies the Convention application requirements.

2.10.2 Priority Entitlement


Check that the claims of the divisional application are directed to appropriate subject matter.

2.10.5A Subject Matter


Check that there is no objection under sec 64(2) with respect to the parent application.

2.10.5A Subject Matter

2.18.2 Practice

2.18.7 Priority Dates

2.18.8 Additionals/Divisionals

2.18.9 Omnibus Claims


Check whether the grounds of objection for the divisional application are the same or substantially the same as in the parent.  (Note: This practice has been temporarily suspended).

2.10.11  Case Management of Divisional Applications


Check all 'relative' case file(s) for any relevant material filed in relation to sec 32 or sec 36 requests, opposition, re-examination or notices under sec 27 or sec 28, which may give rise to an objection on the divisional application.

2.10.9 Considering "Relative" Cases During Examination


Where an amendment converts the application to a divisional, ensure this information is recorded in PAMS.

2.10.10 Amendment of Patent Request - Conversion of Application to a Divisional


Where the case is supervised, submit all paper ancestor case file(s) with the divisional case file.

2.10.9 Considering "Relative" Cases During Examination


Where the divisional application has great grandparent or earlier ancestors, the first report is to be reviewed by a supervising examiner. Supervision of Divisional Applications With Great Grandparent or Earlier Ancestors

Back to top