Restriction for divisional applications with the EPO

New rules within the EPO

As of 1 April 2010, the European Patent Office (EPO) restricted the opportunities for filing of divisional applications retrospectively for all existing European patent applications.

Until then it was possible to file a divisional application based on a pending European patent application until grant or rejection, but from now on it is only possible to file a divisional application based on pending European patent applications for up to two years from the receipt of the first Communication. Please note that the time limit for filing of a dvisional application in a series of divisional applications depends on the earliest application with an issued Communication. It is thus not possible by filing of a divisional application to obtain a new two year time limit.

As the examination process with the EPO is often somewhat longer than two years, the new rules may have serious consequences for companies' patenting strategy for European patent applications.

A transitional agreement for existing European patent applications means that in cases where the first Communication was received before 1 October 2008, a time limit is granted until 1 October 2010 for filing of any divisional applications, naturally if the cases are still pending.

In case you have any questions about divisional applications or the new rule changes within the EPO, please do not hesitate to contact us.