R.36 EPC European divisional applications

The applicant may file a divisional application relating to any pending earlier European patent application. 
A divisional application shall be filed in the language of the proceedings for the earlier application. If the latter was not in an official language of the European Patent Office, the divisional application may be filed in the language of the earlier application; a translation into the language of the proceedings for the earlier application shall then be filed within two months of the filing of the divisional application. The divisional application shall be filed with the European Patent Office in Munich, The Hague or Berlin. 
(3)
The filing fee and search fee shall be paid within one month of filing the divisional application. If the filing fee or search fee is not paid in due time, the application shall be deemed to be withdrawn. 
The designation fee shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report drawn up in respect of the divisional application. Rule 39, paragraphs 2 and 3, shall apply.
 
[ Art. 14 76 78 79 94 ]
See decisions of the Enlarged Board of Appeal G 1/05, G 1/06, G 1/09 (Annex I).
Amended by decision of the Administrative Council CA/D 15/13 of 16.10.2013 (OJ EPO 2013, 501), entered into force on 01.04.2014.
See also notice from the EPO, OJ EPO 2014, A22 (Corr. OJ EPO 2014, A109).
Amended by decision of the Administrative Council CA/D 2/09 of 25.03.2009 (OJ EPO 2009, 296), entered into force on 01.04.2010.
Amended by decision of the Administrative Council CA/D 4/08 of 21.10.2008 (OJ EPO 2008, 513), entered into force on 01.04.2009.

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EPC Articles

EPC Implementing Rules

EPO Guidelines - A Formalities Examination

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - E General Procedural Matters

EPO Guidelines - F The European Patent Application

EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

Offical Journal of the EPO

Case Law Book

Case Law Book: II Conditions to be met by an Application

Case Law Book: III Amendments

Case Law of the Enlarged Board

General Case Law