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The European Patent Convention

 
 

Article 76[ 67 ], [ 68 ]
European divisional applications

Art. 61, 75, 100, 128, 138
R. 4, 6, 16, 36, 41, 45, 51, 57, 60, 135, 143, 147

(1)
A European divisional application shall be filed directly with the European Patent Office in accordance with the Implementing Regulations. It may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application as filed; in so far as this requirement is complied with, the divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall enjoy any right of priority. 
(2)
All the Contracting States designated in the earlier application at the time of filing of a European divisional application shall be deemed to be designated in the divisional application. 
 
Amended by the Act revising the European Patent Convention of 29.11.2000. 
See opinion/decision of the Enlarged Board of Appeal G 4/98, G 1/05, G 1/06 (Annex I).
References

Art. 61, 75, 100, 128, 138
R. 4, 6, 16, 36, 41, 45, 51, 57, 60, 135, 143, 147