This revised version of the Guidelines for Examination will apply as from 1 November 2015. Until then, the September 2014 edition of the Guidelines remains valid.

1.3European divisional applications; Art. 61 applications

European divisional applications must be filed in the language of the proceedings of the earlier (parent) application. Alternatively, if the earlier (parent) application was not in an official language of the EPO, the divisional application may be filed in the language of the earlier (parent) application. In this case a translation into the language of the proceedings of the earlier application must be filed within two months of the filing of the divisional application.

The same applies to the filing of a new European patent application under Art. 61(1)(b).

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