Divisional applications
One or more divisional applications can be filed for any earlier Euro-PCT application that is pending before the EPO as designated or elected Office. A Euro-PCT application is pending before the EPO as designated or elected Office, and a divisional application may be filed, once the applicant has fulfilled all the requirements for entering the European phase either after expiry of the 31-month period under Rule 159(1) EPC or on the day a request for early processing under Article 23(2) or 40(2) PCT has become effective.
OJ 2013, 156, 501
J 18/09, OJ 2011, 480
The divisional application must be filed in the language of the proceedings of the earlier (parent) application. Alternatively, if the earlier application was filed in a language other than an EPO official language, the divisional application may be filed in that language. In this case, a translation into the language of the proceedings of the earlier application must be filed within two months of the filing of the divisional application.
Source: http://www.epo.org/applying/international/guide-for-applicants/html/e/ga_c5_18.html
Date retrieved: 17 May 2021
14 references found.
Click X to load a reference inside the current page, click on the title to open in a new page.EPC Articles
EPC Implementing Rules
XR.159 EPC The European Patent Office as a designated or elected Office – Requirements for entry into the European phase
EPO Guidelines - A Formalities Examination
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
XGA C5 Chapter 5 – Euro-PCT procedure before the EPO as a designated (PCT Chapter I) or elected (PCT Chapter II) Office