[Pct] question about Canadian practice [divisionals of divisionals] -- maybe someone on this list knows

[William Ahmed]

I have a question for any Canada-licensed patent attorney on this list.
Background --> Canada has a known challenge related to double patenting, and unlike USA there is no objection of submitting a terminal disclaimer to obvvercome.As such it is not uncommon for applicants to provoke a 'unity of invention' objection - the CA examiner then splits it up into many inventions, and then neither of them can be references against each other for double patenting. Then the applicant just file many divisionals..
My issue -> PCT entered Canadian national phase. Applicant has now split it up into 7 inventions.
I think if I then file 6 divisionals at ONCE, I am OK - the unity of invention objection would protect these divisionals from each other (and from the PCT national phase filing)with respect to Canadian double patenting. However, that is a lot of cash paid now, instead of 'spacing it out' over years.
MY QUESTION --> instead of filing 6 divisionals at ONCE (i.e. in parallel), could I do it in SERIAL (i.e. first a divisional, and then a divisional of divisional, and then a divisional of divisional of divisional), and so one.
If I file in SERIAL (i.e. 1st generation DIV, then 2nd generation DIV), would I achieve the 'benefit' of immunity from double patenting in Canada based on the 'large unity of invention requirement' in the PCT national phase filing.
I hope this was clear - it is NUANCED, and I hope I successfully explained the issues.
NOTE -- some jurisdictions like Japan treat divisionals and divisionals-of-divisionals the SAME. In other jurisdictions (e.g. China) there is a disctinction.
Thanks,Bill
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