Article 76 47

European divisional applications

Art. 61, 75, 100, 122, 128, 138
R. 4, 6, 25, 26, 31, 37, 42, 85a, 92, 95a

(1) A European divisional application must be filed directly with the European Patent Office at Munich or its branch at The Hague. It may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application as filed; in so far as this provision is complied with, the divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall have the benefit of any right to priority.

(2) The European divisional application shall not designate Contracting States which were not designated in the earlier application.

(3) The procedure to be followed in carrying out the provisions of paragraph 1, the special conditions to be complied with by a divisional application and the time limit for paying the filing, search and designation fees are laid down in the Implementing Regulations.

47 See opinion of the Enlarged Board of Appeal G 4/98 (Annex I).

Cross-reference list
Art. 76 Art. 76

Quick Navigation