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In one of the earlier panels in this module you would have seen the different scenarios of the timing requirements for filing a divisional This is dependent on what the parent is In 95% of the cases during examination, the situation you will normally see is a divisional that filed from either a complete application of a standard patent. So In these cases which will be the majority that you examine there are two things that you really need to remember. A divisional can be filed either before acceptance of its parent application or within 3 months from the date of advertisement of acceptance of a parent application for a standard patent. So you may be wondering what can be disclosed and in particular what can be claimed in a divisional application. What you need to remember is that in order to gain the priority date of the parent and therefore be entitled to a divisional status, at least one claim of the divisional application must define an invention that is disclosed in the parent in such a way that is clear enough and complete enough for the invention to be performed by a person skilled in the art. If you encounter a claim in a divisional that is not disclosed in a clear enough and complete enough manner in the parent, then it may not be entitled to the priority date of its parents. The result of this may be that it may lack novelty and/or inventive step in light of its parent due to its later priority date. In this case you may also need to consider if a further search is warranted. If you do decide to do a search make sure that the search covers the period extending from the priority date of the parent to the filing date of the divisional. Keep in mind however that the applicant will more than likely want to keep the earlier priority date of the parent and therefore will generally amend the claim in a way so that the earlier priority date can be restored. So speak with your workplace coach if you are unsure if a search is needed or not.

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Duration: 2 minutes and 5 seconds
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Language: English
License: Dotsub - Standard License
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Views: 27
Posted by: cparam on Jun 14, 2015

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