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Guidelines for Examination

 
 

3.2 Excision of other inventions; filing divisional applications

For inventions which the applicant has deleted in accordance with C‑III, 3.1.1 or 3.1.2, the applicant may file divisional applications.

The filing of a divisional application issubject to the proviso that this is only possible if, when a divisional application is filed, the application being divided is still pending (see A‑IV, 1.1.1.1A‑IV, 1.1.1) and at least one of the periods provided for under Rule 36(1)(a) and Rule 36(1)(b) has not yet expired (see A‑IV, 1.1.1.2 and A‑IV, 1.1.1.3).

References

Rule 36