IPA patent 5.6.10.3-time-limits-for-filing — IP Australia Patent Manual of Practice and Procedure – 5.6.10.3 Time Limits for Filing

Also in this Chapter: 5.6.10.1 Requirements to Claim Divisional Status 5.6.10.2 Priority Entitlement 5.6.10.4 Status of the Parent 5.6.10.5 Issues specific to the Examination of divisional applications 5.6.10.6 Innovation Divisional Applications 5.6.10.7 Annex A - Procedural Outline to Divisional Application Examination On this page Divisional Application Filed Prior to Grant of Parent Patent : Parent Application is for a Standard Patent Parent Application is for an Innovation Patent Divisional Application Filed After Grant of Parent Patent Examination Practice . Parent Application is for a Standard Patent When the parent application is for a standard patent, the divisional application must be filed no later than 3 months from the date of advertisement of acceptance of the parent application (date can be found under the Publication Date for Applications Accepted on the Publication History screen), subject to the status of the parent. Parent Application is for an Innovation Patent When the parent application is for an innovation patent, the divisional application may be filed at any time before grant of the parent, subject to the status of the parent and provided the parent has a date of patent (if granted) before 26 August 2021. However, where the parent application is itself a divisional of an innovation patent (grandparent), a further divisional application (either an innovation or standard patent application) cannot be made prior to being granted. This prevents a standard patent application being divided out from a granted innovation patent, either directly, or by being divided out as an application for an innovation patent and then being converted to an application for a standard patent. Divisional Application Filed After Grant of Parent Patent There is no provision for filing a divisional application where the parent is a granted standard patent. For time limits when the parent is an innovation patent, see 5.6.10.6 Innovation Divisional Applications . ​​​​​​​ Examination Practice If a time limit in respect to a divisional application is not met, an objection should be taken that the application is not entitled to divisional status. Where an application purports to be a divisional application but has not been filed within 3 months from the date of advertisement of acceptance of the parent application, examiners should check whether the time for filing of the application has been extended. If an extension of time has been sought and granted in relation to the filing of the application, then the application will satisfy the timing aspects. If a request for an extension of time has not been processed, the matter should be immediately referred to the Assistant General Manager (Oppositions) via a supervising examiner.