EUROPEAN PATENT DIVISIONAL APPLICATIONS. THE TWO YEAR TIME LIMIT WILL BE OVER AS FROM APRIL 1ST, 2014
The Administrative Council of the European Patent Office decided on October 16th, 2013 to amend Rules 36, 38 and 135 and to give away the existing time limits to file divisional applications of European patent applications.
Under the current system, it is possible to file a divisional application relating to any pending European patent application provided that the divisional is filed within two years from the first examination report, or from when the Examining Division first has objected a lack of unity of invention.
Under the new provisions, that will come into force on April 1st, 2014, divisional applications could be filed at any time while the European Patent application is pending.
The new Rules will apply to any divisional application filed on or after April 1st, 2014 even in those cases where the earlier two year term has already expired.
The new rules will establish an additional filing fee for any divisional application filed as from April 1st, 2014. The amount of this fee is not yet known but it is provided that its amount will grow with each subsequent generation of divisional applications.
At the light of those changes our recommendation to our clients with pending applications is that:
1.- Since the new rules will reopen the possibility to file divisionals on cases which, under the present regime, the term has already expired, it might be advisable to delay the grant of any pending European Patent application on which divisionals would have to be filed until April 1st, 2014.
2.- In order to avoid having to pay the additional fee for second or later generations of divisionals, it is advisable to file any divisionals before April 1st, 2014, if the two year term to do it under the current regime has not yet elapsed.
