From Monday 1 May 2023, UK divisional applications will be accorded a compliance period which is equal to the original and un-extended compliance period of the parent application.
In accordance with the amendments to the UK Patents Rules 2007 (as amended), from Monday 1 May 2023, the UKIPO will attribute to a divisional application filed on that date or after, a compliance period of:
- four years and six months beginning immediately after –
- where there is no declared priority date, the date of filing of the application, or
(ii) where there is a declared priority date, that date; or
- if it expires later, the period of twelve months beginning immediately after the date on which the first substantive examination report is sent to the applicant, in relation to the earlier parent application
This change in practice will mean that tan applicant should consider filing any UK divisional patent applications as early as possible.