4.4. Search fee for a divisional application

It was confirmed in J 7/13 that the relevant provisions for determining the amount of the search fee to be paid for a European divisional application are R. 36(3) EPC and Art. 2(1), item 2, RFees. The time limit for payment in R. 36(3) EPC can only refer to the actual date on which the divisional application documents were received at the EPO. The amount payable does not depend, as contended by the appellant, on the fictitious date of filing accorded to the application under Art. 76(1) EPC, which is conditional on the fulfilment of substantive requirements and likewise has substantive effects.

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