1. In Japan, you can file a divisional patent application:
(i) At any time before a first office action is issued.(Article 44(1)(i), Article 17bis(1) Japanese Patent Act),
(ii) within the time limit specified in the first notice of reasons for refusal (Article 44(1)(i), Article 17 bis (1)(i)),
(iii) within the time limit specified in the final notice of reasons for refusal (Article 44(1)(i), Article 17 bis( 1)(iii)),
(iv) within 30 days from the date of service of a copy of the decision on the patent grant (Article 44(1)(ii)), or
(v) within 3 months from the date of service of a copy of the Decision of Refusal (Article 44(1)(iii)
2. Can I also file a divisional application during the appeal?
Yes. During the appeal, if the Board of Appeal issues a new notice of reasons for refusal, you can file a divisional application within the time limit specified in the notice of reasons for refusal (Article 44(1)(i), Article 17 bis (1)(i)). However, it is possible that the Board of Appeal issues a decision of refusal without issuing any notice of reasons for refusal. In other words, it may be possible to file a divisional application during appeal but a chance for filing divisional during is not guaranteed.
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