ILPTO Update: The Deadline for Filing Divisional Applications Cannot Be Extended

The ILPTO clarified in a recent decision that divisional applications can be filed only until the allowance of the parent and that this deadline cannot be extended nor circumvented by seeking cancellation of the allowance of the parent application.

Under IL law, divisional applications can be filed only until the allowance of the parent application. As a result of an administrative mistake, applicant filed a divisional application one day after the allowance of the parent. It therefore petitioned for an extension to file the divisional or, as an alternative, cancellation of the allowance of the parent application. The ILPTO held that the deadline to file a divisional application is non-extendable. The ILPTO noted that strict limitations on filing of divisional applications after the examination of the parent has been completed are not unique to Israel and are warranted on public policy grounds. Furthermore, the deadline for filing a divisional application cannot be de facto extended by the revocation of the allowance of the parent application. Revocation of allowance is possible only when applicant or a third party can show a concrete defect in the examination process and is not intended to serve as means for late filing of divisional applications.

As extensions are not available, it is of critical importance to evaluate, prior to payment of allowance fees, whether additional subject matter can be captured in a divisional application or whether a backup divisional may be advantageous. Please feel free to reach out if you need additional information on divisional applications practice at the ILPTO.

This update article is provided for general information only and is not in lieu of legal advice. Please contact us directly for any required advice on specific matters.