J 0024/03 (Time limit definition/N.N.) vom 17.02.2004

I. A time limit within the meaning of Article 122(1) EPC involves a period of a legally indicated length fixed for carrying out a particular procedural act.

II. In procedural law, the fact that a conditional act can only be accomplished before a particular set of circumstances foreseen by a legal provision occurs (condition), is conceptually different from a set period of time imposed for doing an act (time limit) because in the first case the duration of the period in which the act should be completed is determined by the occurrence of the condition itself, whereas in the second case it is pre-determined from the outset.

III. Rule 25(1) EPC does not impose any time limit for filing a divisional application but rather sets a condition namely that the earlier European patent application is pending. Therefore, no time limit within the meaning of Article 122 EPC is imposed by this rule.