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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

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European Divisional Applications – Rule 36 EPC, As You Were? (Updated)

epologoUpdated with EPO confirmation & proposed amendments

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.

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European Divisional Applications – EPO Consultation

epologoRule 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.

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