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The Administrative Council has adopted in its meeting of
October an amendment of the provisions of the European Patent Convention
dealing with the requirements for the filing of divisional applications, namely
Rules 36, 38, and 135.
The decision enters into force on 1. April 2014 and will
apply to divisional applications filed on or after that date. It enables the
filing of divisional applications as long as the earlier (parent) application
is pending. The 24-month time limits for the filing of divisional applications
are repealed.
In addition, there will be an additional fee as part of the
filing fee for divisional applications of second or subsequent generation. This
means that the filing of divisional applications in respect of earlier
divisional applications will be subject to an additional fee. The amounts of
this fee grow progressively with each subsequent generation of divisional applications
up to a certain level, becoming then a flat fee.
Further information
