An examiner has identified a lack of unity in a divisional application. When must the applicant file a further divisional application in response to the examiner’s opinion?
The Guidelines for Patent Examination provide that, where the examiner issues a Notification to Make a Divisional Application or identifies a lack of unity in an office action, the time limit for filing a further divisional application in response is assessed by reference to the earlier divisional application. The earlier divisional application must still be pending. Once it has been rejected, withdrawn, or deemed withdrawn without restoration, a further divisional application will not be accepted.
If these requirements are not met, the examiner will issue a notification that the further divisional application is deemed not to have been filed and will close the case.
