Part 1
In recent years, the number of divisional applications filed in Japan has been rising. This is believed to be because companies that are more likely to engage in litigation have begun to recognize the strategic value of divisional applications.
A key point is that, in Japan, the prohibition against adding new matter in divisional applications tends to be applied more leniently. In short, the divisional applications have become more advantageous at various situation in Japan.
This becomes clear when compared with amendments.
The requirements for amendments are strict, and it is not possible to shift the scope of the invention. By contrast, with a divisional application, such a shift is possible. It is also possible to broaden the scope of the invention by deleting certain claim elements.
Of course, the fundamental purposes of amendments and divisional applications are different, so a direct comparison may not be entirely appropriate. However, in today’s Japan, the usefulness of divisional applications can be most easily understood when considered in contrast with amendments.
That’s all for today.
I will continue this topic from time to time.