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European Divisional Applications – Additional Fees published by EPO

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As noted earlier on IPcopy, Rule 36 EPC, which was amended in 2010 to introduce 24 month time limits for filing divisional European patent applications from a parent European patent application, is to be amended from 1 April 2014 such that the 24 month deadline rule is removed and the procedure reverts back to the pre-April 2010 arrangements. As well as the change to Rule 36 EPC, an amendment to Rule 38 was proposed to provide “for an additional fee as part of the filing fee in the case of a divisional application filed in respect of any earlier application which is itself a divisional application”.

Administrative Council decision of 13 December 2013 (here) has been published on the EPO website and, as well as detailing other fee changes due to come into effect on 1 April 2014, confirms the level of the additional fee that will be payable on 2nd and higher generation divisional applications from 1 April 2014. The full list of additional fees for divisional applications, which ranges from 210 Euros to 840 Euros, is noted below

EPO – Additional Fees for Divisional Patent Applications (from 1 April 2014)

(1) The fees due to be paid to the Office under Article 1, unless otherwise provided in paragraph 2, shall be as follows:

1b. Additional fee in the case of a divisional application filed in respect of any earlier application which is itself a divisional application (Rule 38, paragraph 4)   
– fee for a divisional application of second generation 210
– fee for a divisional application of third generation 420
– fee for a divisional application of fourth generation 630
– fee for a divisional application of fifth or any subsequent generation 840

The text of the EPO Decision of the Administrative Council of 16 October 2013 amending Rules 36, 38 and 135 of the Implementing Regulations to the European Patent Convention can be found here.

Mark Richardson      31 December 2013

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