HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems > Table of Contents >

Chapter VII Division and excision 26. (1) If several creations are described in the basic documents, the applicant may divide the application into several applications. At the applicant's request, a new application relating to a creation extracted from the original application (the parent application) shall be considered to have been filed at the same time as the parent application. (2) If division is made in consequence of the fact that an application relates to two or more mutually independent creations, a new application may only be considered to have been filed at the same time as the parent application if the new application is filed within 1 month after the corresponding restriction of the parent application was made. (3) If the applicant requires utility model registration of an independent creation in an international application, the application shall be divided and a new application fee paid even if an additional fee as referred to in section 24(1) of this Order has been paid. 27. If, as a result of an addition to the description or claims, or in another way, a utility model application discloses a creation not disclosed in the basic documents, a new application relating to that creation excised from the original application (the parent application) shall, at the applicant's request, be considered to have been filed on the date when the document disclosing the creation was received by the Patent Office. 28. (1) In the event of division or excision, the basic documents shall be held to be the description with accompanying drawings or photos and utility model claims filed in connection with the new application. (2) A new application shall only be considered as resulting from division or excision if this is evident from the application when filed. The date of filing and number of the original application shall be indicated in applications resulting from division or excision.

[Prev] [Next]

HOME > Reference Room[Other Reference Information] > Information on foreign industrial property systems > Table of Contents >