For several years, it was a common practice to file divisional applications filing the same set of claims as the ones in the parent application. Said practice allows the applicant not only to amend the claims of the divisional application in a later moment, but also to be already aware of the outcome of the parent application.

The Costa Rican PTO did not object said practice in the past, but is now enforcing a policy in which a divisional application is accepted only if a problem of unity of invention arises. The PTO will determine if there is a problem of unity of invention, in which case the divisional application will be accepted for prosecution.

Therefore, there have been several rejections in the past months due to the enforcement of the aforementioned policy. The legal basis of the policy is not clear and can be interpreted as a restriction to a legal prerogative of the applicant to modify or divide the application. Nevertheless, there have been no judicial claims against the policy so far and we do not foresee a change in the near future.