New system to suspend examination for divisional patent applications
Taro USHIO

The Japan Patent Office (“JPO”) announced on February 13, 2023 that a new examination system for divisional applications will start on April 1, 2023.

Under the new system, when an applicant for a parent application files a divisional application along with an appeal against a JPO examiner’s decision of rejection for the parent application, the applicant may request a suspension for the divisional application examination.  Accordingly, this new system provides a way for the applicant to wait for the result of the appeal procedure for the parent application, before responding to any JPO examiner’s office action for the divisional application.

The requirements for the suspension of the divisional patent application examination are as follows:

(1) The divisional application is filed after the JPO examiner’s decision of rejection against the parent application is issued;

(2) The appeal against the JPO officer’s decision of rejection for the parent application has been filed and the parent application is under the appeal procedure; and

(3) It would be beneficial to wait for the result of the appeal procedure for the parent application.

In order to take advantage of the new system, an applicant of a divisional application is required to file a petition and other specific forms of documents to explain the situation pursuant to Article 54 paragraph 1 of the Patent Act no later than 5 JPO working days after the filing date of the request for examination for the divisional application.

More details are available at

https://www.jpo.go.jp/system/patent/shinsa/general/bunkatu-shutugan_chushi.html