Divisional application patent practice across South East Asia

Date: 2013-08-01
Author: James Cherry

Divisional application patent practice across Singpore, the Philippines, Malaysia and Vietnam

 

 

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

 

Divisional application patent practice across Indonesia, Thailand, Australia and New Zealand

 

 

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