The recently published Patents Regulations 2014 will effect a structural change in the time limit for filing a divisional application. Currently, under the Patents Regulations 1954, a divisional application can be filed at any time while an application is pending and before it has been accepted for grant. Moreover, the time limit in which such a divisional can be filed is determined by the status of the immediate application it is divided from, which need not be the initial parent application.
However, under regulation 71(a) of the Patent Regulations 2014 the time limit for filing a request for examination of a divisional application is the earlier of 5-years from when its complete specification is filed or is treated as having been filed. In effect, this restricts the filing of divisional applications to 5-years from the filing date of the original parent complete specification.
