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Guidelines for Examination


1.3 European divisional applications; Art. 61 applications

Any European divisional application must be filed in the language of the proceedings of the earlier application from which it is divided. Alternatively, if the earlier (parent) application was not in an official language of the European Patent Office, the divisional application may be filed in the language of the earlier application. In this case a translation into the language of the proceedings for the earlier application shall then be filed within two months of the filing of the divisional application (see A‑III, 14). The same applies for the filing of a new European patent application under Art. 61(1)(b).