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IP-Info

European Divisional Applications

Starting from 01 April 2014 new Rule 36 EPC is in force. The 24 months deadline for filing European divisional applications has been abolished.

A User Consultation has been conducted by the EPO, bringing a clear result towards the abolishment of old Rule 36 EPC. It turned out that the 24 months deadline for filing European divisional applications forced applicants to file precautionary divisional applications and forced them to decide too early on whether to file such divisional application. Moreover, it was held that the time limits did not reflect the pace of examination at the EPO, and that it was difficult to monitor the time limits which implied additional burden and costs. As a result, it was found that old Rule 36 EPC did not meet the objectives underlying its introduction.

New Rule 36(1) EPC now allows the filing of divisional applications as long as the earlier (parent) application is mending. Rule 38 EPC establishes additional fees as part of the filing fee In case of divisional applications of second or subsequent generations.1

1 Source: EPO Homepage, “Filing of divisional applications”, Director of Patent Law at the EPO; e-learning centre

New schedule of Fees at the European Patent Office starting from 01 April 2014:

Starting from 01 April 2014, the European Patent Office has raised most of the Official fees. We have helped our clients to avoid unnecessary costs in case earlier payment was possible.