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[CorinnaW]

Hello everyone,

I have filed a PCT application (based on the priority date of a German application) which the reviewer found to contain three different inventions. In order to pursue all ideas further, the application needs to be split in three separate applications.
National phase entry is due in 2 months. I am currently in negotiations with licensees or buyers of the IP, but the process may take more time than there is available before the 30 month deadline. Without having a signed license agreement, entering national phase with 3 separate applications is too expensive at this time.
Question: Is there a way to enter national phase with the current application and split it later (like in 6 months from now) when the national offices request a split?

National offices would be US, EU, JP, CN, AU, KR, IN and maybe a few others.

Thank you very much!

Corinna

[JimIvey]

Well, I can only speak to the US.

First, it's perfectly fine to ignore the lack of unity in the PCT; they just won't search for the extra inventions.

Second, you can enter the national phase in the US with a single application.  You may get a "restriction requirement" which is the US version of the lack of unity.  You can file divisional applications at a later date -- any time during pendency of the US application.

I believe the EPO also has a divisional application process for applications that lack unity, but I believe they have a tighter deadline for filing the divisionals.

Regards.

[bartmans]

First of all, as far as I know, it would not be possible to file three national applications out of one PCT application. Filing divisionals always should occur during the national phase.

For Europe, James is right in that things have changed recently (per 1 April 2010) and not for the better (seen from an applicant's view  ). At first, for Europe it depends whether the EPO has been the International Searching Authority or not. If so, it will have different consequences.
However, in both cases, you will at least have more than two years before you need to file divisional applications in Europe. Thus, if you are looking only at a 6 month's delay, there is no problem at all.