EUROPEAN PATENT CONVENTION - Table of Contents Implementing Regulations to the Convention on the Grant of European Patents PART III - IMPLEMENTING REGULATIONS TO PART III OF THE CONVENTION Chapter I - Filing of the European patent application   Rule 36 - European divisional applications

Rule 36 European divisional applications

Art. 14, 76, 78, 79

(1)**  The applicant may file a divisional application relating to any pending earlier European patent application, provided that:

(a) the divisional application is filed before the expiry of a time limit of twenty-four months from the Examining Division's first communication in respect of the earliest application for which a communication has been issued, or

(b) the divisional application is filed before the expiry of a time limit of twenty-four months from any communication in which the Examining Division has objected that the earlier application does not meet the requirements of Article 82, provided it was raising that specific objection for the first time.

(2)** A divisional application shall be filed in the language of the proceedings for the earlier application. If the latter was not in an official language of the European Patent Office, the divisional application may be filed in the language of the earlier application; 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. The divisional application shall be filed with the European Patent Office in Munich, The Hague or Berlin.

(3) The filing fee and search fee shall be paid within one month of filing the divisional application. If the filing fee or search fee is not paid in due time, the application shall be deemed to be withdrawn.

(4)*  The designation fee shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report drawn up in respect of the divisional application. Rule 39, paragraphs 2 and 3, shall apply.

 * Amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513), entered into force on 01.04.2009.

 ** Amended by decision of the Administrative Council CA/D 2/09 of 25.03.2009 (OJ EPO 2009, 296), entered into force on 01.04.2010.