April 03, 2024

Laws
Patent
Subjects
Revisions

Request for Resuming Substantial Examination of Divisional Application under Suspension of Substantial Examination

Under the practice of suspension of substantial examination of divisional applications (Patent Law Article 54, paragraph 1), substantial examination of a divisional application subject to the suspension will be suspended until three months after a result of pre-appeal reexamination or appeal examination of the parent application is obtained, and it was not possible to request resuming of substantial examination. As of April 1, 2024, the JPO has begun a new practice, under which, upon request by the applicant or their representative, the JPO will resume substantial examination of divisional applications which is under the suspension.