1.4.1.1 Additional fee for divisional applications of second or subsequent generations 

An additional fee is payable as part of the filing fee for divisional applications of second or subsequent generations filed on or after 1 April 2014 (see the notice from the EPO dated 8 January 2014, OJ EPO 2014, A22). The amount of the fee varies depending on the generation to which the divisional application filed belongs (see A‑IV, 1.1.2). First-generation divisional applications are not subject to the additional fee. From the second to the fifth generation the amount of the fee grows progressively. For the fifth and subsequent generations it becomes a flat fee (Art. 2(1), item 1b, RFees).

Example:

In this example, no additional fee would be due in respect of EP2 and EP3, as they are first-generation divisional applications. The amount of the additional fee for second-generation divisional applications would apply to EP4, and the amount for third-generation divisional applications would apply to EP5.

The additional fee is part of the filing fee for divisional applications of second and subsequent generations. Therefore, it must be paid within the same period as the filing fee, and the same provisions apply in case of non-payment in due time (see A‑IV, 1.4.1). Likewise, the reduction of the filing fee under the language arrangements applies to this additional fee, provided that the requirements laid down in Rule 6(4) to Rule 6(7) are complied with (see A‑X, 9.2.1 and A‑X, 9.2.2).