Patents
Changes to the compliance period on divisional applications
February 07, 2023
From 1 May 2023, the UK Intellectual Property Office (UKIPO) is changing how it accords divisional applications a compliance period.
Currently the UKIPO accords divisional applications with a compliance period equal to the compliance period of the parent application as extended.
From 1 May 2023, a divisional application will be accorded a compliance period which is equal to the original and un-extended compliance period of the parent application (i.e., the later of 54 months from the earliest priority date or 12 months from the issuance of the first substantive examination report on the parent application).
These changes mean that the latest that an applicant will be able to file a divisional application without relying on discretionary extensions of time is 1 month before the expiry of the unextended compliance date of the parent application.
These changes also mean that the latest that an applicant will be able to file a divisional application when relying on discretionary extensions of time is 2 months after the expiry of the unextended compliance date of the parent application.