Fiona Yin of Saint Island International Patent & Law Offices provides a guide to the considerations for patent applicants in deciding when to submit a divisional application
In the patent filing process, applicants may need to file divisional applications to address unity of invention concerns raised or expedite the securing of protection for allowable claims. Therefore, it is essential for applicants to understand when to file a divisional application and what to be aware of during the process.
Taiwan's patent system adopts a relatively lenient attitude towards the filing of divisional applications for inventions. In other words, so long as the parent application is pending or is within three months of receiving a notice of allowance, whether it is an originally filed application or an application that has already been divided, it can serve as the basis for filing a divisional or sub-divisional application, taking advantage of the priority or filing date of the parent application. However, a divisional application can no longer be filed for cases that have received a final office action, since the examination process has been completed. Read more