Divisional Application

1. Is it possible to file divisional application after a clear report is issued?

Divisional application can only be filed within 3 months from receiving the first examination report. If the first report is a clear report, then the applicant can file divisional application within the prescribed timeline.

However, if the applicant did not file divisional application in response to the first examination report, and subsequently the application is issued clear report, then the applicant cannot file divisional application.

2. Alternatively, upon receiving clear report and if the applicant wants to file divisional application; then the following route can be taken:

          a).File post-grant amendment incorporating the allowed claims and intended divisional claims      (divisional claims shall not go beyond initial disclosure and does not add new subject matter)

          b).The Examiner will conduct further examination on the post-grant amendment and can come out with 2 possible outcomes:

               (i) issue amended clear report and all the claims will be allowed

               (ii) issue another adverse report and cite objection on unity of invention. Now, the applicant can divide the application based on the examination report.

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