|
|
Singapore
|
Philippines
|
Malaysia
|
Vietnam
|
|
If a patent granted on the divisional is invalid, does this mean that the parent patent will also be invalid? |
no |
no |
no |
no |
|
Can you file a divisional from a divisional? |
yes |
no |
yes |
yes |
|
Can you file more than one divisional application from a parent? |
yes |
yes |
yes |
yes |
|
Can you add claims to a divisional to cover subject matter that was not searched in the parent? |
yes |
yes |
yes |
yes |
|
Can you use a divisional to continue prosecution where a parent application cannot be allowed? |
yes |
no |
yes |
yes |
|
Can the divisional claims cover subject matter not disclosed in the parent? |
no |
no |
no |
no |
|
Can the claims of the divisional cover unclaimed matter disclosed in the parent? |
yes |
yes |
yes |
yes |
|
Can the claims of the divisional overlap with the claims of the parent? |
yes but double patenting is not allowed |
no |
|
no |
|
Can a divisional be voluntarily filed? |
yes |
yes |
yes |
yes |
|
What is the due date for filing a divisional application? |
Before payment of the grant fee to request issuance of grant |
4 months from the time the requirement to divide becomes final |
Anytime until 3 months from the mailing date of the 1st exam report; or where lack of unity: 2 months from mailing date of relevant exam report |
Before the issuance of decision on grant of patent |
|
|
Indonesia
|
Thailand
|
Australia
|
New Zealand
|
|
If a patent granted on the divisional is invalid, does this mean that the parent patent will also be invalid? |
no |
no |
no |
no |
|
Can you file a divisional from a divisional? |
yes |
yes |
yes |
yes |
|
Can you file more than one divisional application from a parent? |
yes |
yes |
yes |
yes |
|
Can you add claims to a divisional to cover subject matter that was not searched in the parent? |
no |
yes |
yes |
yes |
|
Can you use a divisional to continue prosecution where a parent application cannot be allowed? |
yes |
yes |
yes |
yes |
|
Can the divisional claims cover subject matter not disclosed in the parent? |
no |
no |
yes, provided at least substance disclosed in patent |
no |
|
Can the claims of the divisional cover unclaimed matter disclosed in the parent? |
no |
yes |
yes |
yes |
|
Can the claims of the divisional overlap with the claims of the parent? |
no |
no |
yes |
no |
|
Can a divisional be voluntarily filed? |
yes |
no |
yes |
yes |
|
What is the due date for filing a divisional application? |
Anytime provided that parent application has not been granted. |
120 days after receipt of office action ordering same |
Any time before end of 3 months from advertisement of acceptance |
Anytime before allowance |
