Divisional application in Malaysia

Please can you kindly confirm if “At what time can we file a divisional to a patent application in Malaysia”. Please can you confirm what would be the deadline to file a divisional if applicable?

A divisional application must be filed within three months from the Examiner's first report.

The applicant may divide the application pursuant to a lack of unity objection raised in an Examiner's report within 3 months of the date of issuance of the said report, or in any other cases (upon applicant's volition), within 3 months from the date of issuance of the first examination report.

The applicant may within the prescribed time, divide the application into two or more divisional applications. Provided that each divisional application shall not go beyond the disclosure in the initial application. Each divisional application shall be entitled to the priority date of the initial application. A request for substantive examination (Form 5) should be accompanied with the divisional application at the time of filing.

In this case, the Examiner's report was issued more than 3 months ago and a clear report has been issued, a divisional application cannot be filed now. The only option you have is to amend the claims now or after grant (post grant amendment).

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