On July 15, 2022, a jurisprudence was issued, determining the statute of limitation to voluntarily request the division of a patent based on provisions from Industrial Property Law (IPL) in force until November 2020, such limit is the stage of the substantive examination, it means no later than the granting notice is notified. The jurisprudence is enforceable for judges and magistrtaes since August 1, 2022.
This article briefly explains, what the jurisprudence solved and its scope under legal perspectives, allowing us to appreciate that, this decisions clarifies important issues in divisional patents, determining the applicable criteria to be followed in conflicts ruled by the IPL in force until November 2020. Clarke Modet