A European divisional application shall be filed directly with the European Patent Office in accordance with the Implementing Regulations. It may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application as filed; in so far as this requirement is complied with, the divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall enjoy any right of priority.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar76.html
Date retrieved: 17 May 2021
171 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
EPC Rules relating to Fees
EPO Guidelines - A Formalities Examination
EPO Guidelines - B Search
EPO Guidelines - C Procedureal Aspects of Substantive Examination
EPO Guidelines - D Opposition and Limitation/Revocation Procedures
EPO Guidelines - E General Procedural Matters
EPO Guidelines - F The European Patent Application
EPO Guidelines - H Amendments and Corrections
EPO PCT GL - F (not assigned)
EPO Guide for Applicants, part II Int. - C The EPO as ISA and SISA
Offical Journal of the EPO
XOJ EPO SE 3/2020, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO 2020, A120 - Notice from the European Patent Office dated 22 October 2020 concerning the procedures and safeguards which apply under the EPC and the PCT in the event of outages of means of electronic filing and other online services
XOJ EPO 2020, A104 - Interlocutory Decision of Technical Board of Appeal 3.3.01 dated 7 February 2019 - T 318/14
XOJ EPO 2020, A38 - Notice from the European Patent Office dated 30 March 2020 concerning the extension of periods for the payment of fees
XOJ EPO 2020, A30 - Notice from the European Patent Office dated 20 March 2020 concerning search and examination fees
XOJ EPO 2020, A20 - Notice from the European Patent Office dated 10 February 2020 concerning the staying of proceedings due to referral G 4/19
XOJ EPO SE 3/2019, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO 2019, A4 - Decision of the President of the European Patent Office dated 21 December 2018 concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees
XOJ EPO SE 2/2018, p1 - Rules relating to Fees of 20 October 1977 as adopted by decision of the Administrative Council of the European Patent Organisation of 7 December 2006 and as last amended by decision of the Administrative Council of [..]
XOJ EPO SE 1/2018, p106 - XI.6 - Decision of the President of the European Patent Office dated 10 September 2014 [ 1 ] concerning the filing of documents using the EPO web-form filing service
XOJ EPO SE 1/2018, p102 - XI.5 - Decision of the President of the European Patent Office dated 11 March 2015 [ 1 ] concerning the filing of documents using the EPO case management system
XOJ EPO 2018, A26 - Notice from the European Patent Office dated 22 March 2018 concerning search and examination fees
XOJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO SE 1/2017, p107 - XI.6 - Decision of the President of the European Patent Office dated 10 September 2014 [ 1 ] concerning the filing of documents using the EPO web-form filing service
XOJ EPO SE 1/2017, p103 - XI.5 - Decision of the President of the European Patent Office dated 11 March 2015 [ 1 ] concerning the filing of documents using the EPO case management system
XOJ EPO 2017, A94 - Decision of the President of the European Patent Office dated 17 November 2017 concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees
XOJ EPO 2017, A50 - Interlocutory decision of the Technical Board of Appeal 3.3.09 dated 17 October 2016 - T 437/14
XOJ EPO 2012, 212 - Notice from the European Patent Office dated 6 February 2012 concerning search and examination fees
XOJ EPO 2010, 338 - Decision of the President of the European Patent Office dated 24 March 2010 concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees
XOJ EPO 2010, 133 - Notice from the European Patent Office dated 8 February 2010 concerning search and examination fees
XOJ EPO 2009, 96 - Decision of the President of the European Patent Office dated 22 December 2008 concerning the refund of the search fee under Article 9(2) of the Rules relating to Fees
XOJ EPO 2008, 130 - Notice from the European Patent Office dated 11 February 2008 concerning search and examination fees
Case Law Book: II Conditions to be met by an Application
XCLR II E 1.8.1 Replacing specific feature with more general term – no inclusion of undisclosed equivalents
XCLR II E 1.12.4 Incorrect information in earlier application as filed but correct information directly and unambiguously derivable
XCLR II F 2.1.2 Sequence of divisionals – derivable from each of the preceding applications as filed
XCLR II F 2.3.1 Findings of G 1/05 of 28 June 2007 date: 2007-06-28 and G 1/06 also applicable to granted patents
XCLR II F 4.2.1 Deemed designation of all states designated in earlier application at the date of filing of divisional