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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
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, was made the subject of an EPO consultation. The consultation closed on 5 April 2013 but the EPO website has not yet been updated with any details of the responses received.
However, a number of sources (1, 2, 3) are now reporting that Rule 36 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. So far there has been no official announcement from the EPO.
The EPO has launched a consultation to ensure the Case Law of the Boards of Appeal continues to meet the needs of users. The consultation runs for a while (closing date: 31 March 2014) and can be accessed here. The most recent version of the Case Law Book (the 7th version) has only just been released of course and can be found here.
Some acronym heavy overseas meetings next up:
1) The Asian Patent Attorneys Association (APAA) 62nd Council Meeting is to be held in Hanoi, Vietnam from 19-22 October. Shakeel Ahmad and Dev Crease from Keltie LLP will be in attendance so if you see them please say hello. Details of the meeting can be found here.
2) The American Intellectual Property Law Association (AIPLA) will be holding its 2013 AIPLA Annual Meeting from 24-26 October in Washington, D.C. Michael Moore and Mark Richardson from Keltie LLP will be going along and are looking forward to the conference. AIPLA has a twitter hashtag for the more social media minded attendees to use and the marketing material suggests we include the hashtag #aiplaAM13 to be a part of the conversation!
Rule 36 EPC was amended in 2010 to introduce 24 month time limits for filing divisional European patent applications from a parent European patent application. One purpose of the rule amendment was to address the issue of precautionary divisional filings that were filed to avoid adverse decisions.
An online consultation, with a closing date of 5 April 2013, recently popped up on the EPO’s website (here) announcing that the EPO is going to take another look at Rule 36 EPC and the time limits for filing divisional applications.