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| European divisional applications | Guidelines | ||
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| (1) The applicant may file a divisional application relating to any pending earlier European patent application, provided that: |
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| (b) the divisional application is filed before the expiry of a time limit of twentyfour 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 |
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| (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. | |||
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| (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 If the filing fee or search fee is not paid in due time, the application shall be deemed to be withdrawn. | Art. 122:NO
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| (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.
| Art. 122:NO
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| See decision of the Administrative Council of 25 March 2009 amending the Implementing Regulations to the European Patent Convention (CA/D 2/09, OJ 5/2009, 296; OJ 5/2009, 294) |
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| EPC Internal Links |
| Decisions | |
| Art. 14 Art. 76 Art. 78 Art. 82
| R. 22 R. 39 R. 45
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| G1/09 (J2/08) |
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