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Corresponding applications

Corresponding applications: Divisional applications

9.42 Divisional applications filed in Singapore are not regarded to make a priority claim to the parent application. Generally, a divisional application filed in Singapore is taken to adopt the filing date of the parent application as its filing date under Section 26(11) rather than making a priority claim in the sense of Section 17 to that application. Where the parent application in Singapore has a priority claim, the divisional application would generally inherit priority claims by filing a declaration of priority(s) under Section 17(2) unless the applicant purposely gives up the priority claim or claim fewer priorities. In comparison, where the parent application in Singapore is a first application having no priority claim under Section 17(2), the Singapore divisional application is taken to “adopt” the filing date of the parent application as its filing date rather than making a priority claim to that application. Therefore, the presence of a priority claim by the parent application in Singapore to an earlier filed application impacts on whether or not the divisional application would be considered a corresponding application as defined in Section 2(1).

9.43 In the case of divisional applications filed with a prescribed patent office, such applications are regarded in the spirit of the Paris Convention since the definition of corresponding applications under Section 2(1) does not delimit priority claims made by applications filed with any of the prescribed patent offices. Divisional applications are considered to preserve an earlier filing date comprising the filing date of the parent application as well as the benefit of the right of priority, if any. Therefore it is accepted that a divisional application filed with any of the prescribed patent offices makes a priority claim to its parent application.

9.44 The following scenarios (1)(d)-(1)(l) presented in Section 9J of these Guidelines provide examples in relation to divisional applications. [See Diagrams 4-12]