2-year time limit for filing of divisional applications from 1 April 2010

26 March 2010

The European Patent Office will on 1 April 2010 introduce a 2-year time limit for the filing of divisional applications by amending Rule 36(1) EPC. You need to take these amendments into consideration when deciding your filing strategy for new priority founding applications. Additionally, you may need to review your pending European patent application portfolio for subject-matter suited for or which needs to be prosecuted in a divisional patent application.
 
As of 1 April 2010, divisional applications on the applicant's own initiative (so-called voluntary divisional applications) can only be filed within a period of two years from the first communication by the EPO Examining Division in respect of the first parent application.

Divisional applications filed as a reaction to a non-unity objection (so-called mandatory divisional applications) will also have to be filed within 24 months from the communication in which the relevant objection is raised by the Examining Division for the first time.

According to the transitional provisions, a divisional application may be filed until 1 October 2010 even if the two-year period has expired earlier. Thus, it is advisable to consider the need for filing divisional patent application(s) in due time before this term.

If you are a P&V client, we will contact you regarding your application(s).

Please do not hesitate to contact one of our qualified patent attorneys if you have any questions in connection with these new rules or fill out this contact form with your enquiry and we will get back to you as soon as possible.