News & Topics

As of April 1, 2023, the JPO has introduced a practice to suspend a substantive examination of a divisional application upon applicant’s request, while the parent application is pending in the appeal stage. This new practice allows an applicant to postpone a decision on how to proceed with the divisional until the outcome of the appeal becomes available.

Requirements for the suspension are as follows: (i) the divisional application is filed after a decision of rejection is issued in the parent and (ii) a petition for requesting a suspension is filed within five business days from filing a request for examination in the divisional. (The request for examination must be filed within 30 days from the date on which the divisional application is filed or within three years from the filing date of the parent, whichever is later.)

If the petition for requesting a suspension is timely filed, the JPO will suspend the substantive examination until three months after the termination of the appeal stage in the parent. After the termination, the JPO will notify the date when the suspension is ended. Upon receipt of the notice, the applicant may amend the claims of the divisional application as appropriate in view of the outcome of the appeal stage or, where applicable, may withdraw the divisional application and request a refund of half of the examination fee.