The filing fee and search fee for the divisional application must be paid within one month after it is filed (basic time limit). For the additional fee due for any pages in excess of thirty-five, see A‑III, 13.2. For the additional fee due for divisional applications of second or subsequent generations, see A‑IV, 126.96.36.199. The designation fee(s) must 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 36(3); Rule 36(4); Art. 79(2); ]
The search fee must be paid even if a further search fee has already been paid under Rule 64(1) in respect of the search report on the parent application for the part of the application which was lacking in unity and which is now the subject of the divisional application (for reimbursement of the search fee see A‑IV, 1.8).
If, within the applicable time limit, the filing, search or designation fees have not been paid, the application is deemed to be withdrawn. The EPO informs the applicant of these losses of rights by issuing a communication under Rule 112(1). The applicant can request further processing according to Art. 121 and Rule 135.[Rule 36(3); Rule 36(4); ]
For divisional applications filed before 1 April 2009, see for the deemed withdrawal of single designations or of the application and applicable remedies A‑III, 11.3.2 and A-III, 11.3.4.
Date retrieved: 30 December 2018