European Patent Office (EPO) set to revise the requirements for the filing of divisional applications

The EPO has announced an amendment of the provisions of the European Patent Convention dealing with the requirements for the filing of divisional applications, namely Rules 36, 38, and 135 EPC.

The decision enters into force on 1. April 2014 and will apply to divisional applications filed on or after that date. It enables the filing of divisional applications as long as the earlier (parent) application is pending. The 24-month time limits for the filing of divisional applications will be repealed.

In addition, there will be an additional fee as part of the filing fee for divisional applications of second or subsequent generation.
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