=== New JPO system to begin on April 1, 2023 ===
Utilizing of the new measure outlined below to be introduced by the JPO on April 1, 2023, if an applicant for a parent application files a divisional application together with an appeal against a decision of rejection of the parent application, the applicant may request that the examination of the divisional application be suspended.
Applicable Applications
Applications for which a request for examination was filed on or after April 1, 2023, prior to the start of examination, that satisfy all of the following conditions:
１）A divisional application (child application) that was filed after the decision of rejection of the parent application
２）An appeal against examiner’s decision of rejection has been filed for the parent application, and the parent application is under an appeal procedure.
３）It would be more convenient to wait for the outcome of the appeal for the parent application
* Except in some exceptional cases, 3) is treated as satisfied.
Key Points
– Based on the result of the appeal against examiner’s decision of rejection of the parent application, the examination of the divisional application can proceed. (The deadline for submitting a written request stating the changes from the original application, etc., can be delayed.)
– It is possible to make amendments to the specification, etc. of the divisional application even during the period of suspension of examination.
– This measure is applicable only to “child applications” for which an appeal against an examiner’s decision of rejection has been filed with respect to the parent application. * Grandchild applications are not eligible.
