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CLR II F Divisional applications

Subject-matter of a divisional application

Subject-matter extending beyond content of the earlier application

Directly and unambiguously derivable from content of earlier application as filed

Sequence of divisionals – derivable from each of the preceding applications as filed

Language issues

Amendments to divisional applications

Subject-matter of a patent granted on a divisional application

Findings of G 1/05 and G 1/06 also applicable to granted patents

Ground for opposition under Article 100(c) EPC

Link between subject-matter of earlier application and divisional application

No abandonment of subject-matter in earlier application if divisional is filed

No effect on content of divisional application if earlier application has lapsed

Final decision on subject-matter in the parent application – res judicata

Decisions affirming cross-procedural res judicata effect

Decisions leaving open the question of cross-procedural res judicata effect

Decisions doubting cross-procedural res judicata effect

Re-filing of same subject-matter

Filing a divisional application

Right to file a divisional application

Applicant of earlier application entitled to file divisional application

Filing of divisional application during stay of proceedings

Joint applicants

No obligation to postpone a decision to allow the filing of a divisional application

Filing date attributed to divisional application

Language for filing divisional application

Divisional application to be filed with EPO

Requirement of pending earlier application

Requirement of pending earlier application sets no time limit

Pendency before the EPO

Pendency in case of grant of earlier application

Pendency in case of refusal of earlier application against which no appeal was filed

Pendency in case of refusal of earlier application against which an appeal was filed

Pendency in case of deemed withdrawal of earlier application and request for re-establishment

Pendency in case of deemed withdrawal of earlier application and no reaction to loss of rights communication under Rule 112(1) EPC

Pendency in case of withdrawal of earlier application

Time limits under Rule 36(1)(a) and (b) EPC in the version in force between 1 April 2010 and 31 March 2014

Changes to Implementing Regulations

Interpretation of Rule 36(1)(a) and (b) EPC

Procedural questions

Procedural independence of divisional application

Designation of contracting states in a divisional application

Deemed designation of all states designated in earlier application at the date of filing of divisional

Payment of fee for each designated State – case law concerning situation prior to 1 April 2009

Correction of errors in a divisional application

Search fee for a divisional application

Double patenting

No legitimate interest in grant of a second patent claiming same subject-matter

Different subject-matter and scope of protection; overlapping subject-matter

Double patenting objection in opposition

Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_ii_f.htm

Date retrieved: 17 May 2021

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Case Law Book

X CLR TOC OF CONTENTS

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

X CLR II PATENT APPLICATION AND AMENDMENTS

X CLR II E Amendments

X CLR II F 1 Introduction

X CLR II F 2 Subject-matter of a divisional application

X CLR II F 2.1 Subject-matter extending beyond content of the earlier application

X CLR II F 2.1.1 Directly and unambiguously derivable from content of earlier application as filed

X CLR II F 2.1.2 Sequence of divisionals – derivable from each of the preceding applications as filed

X CLR II F 2.1.3 Language issues

X CLR II F 2.2 Amendments to divisional applications

X CLR II F 2.3 Subject-matter of a patent granted on a divisional application

X CLR 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

X CLR II F 2.3.2 Ground for opposition under Article 100(c) EPC

X CLR II F 2.4 Link between subject-matter of earlier application and divisional application

X CLR II F 2.4.1 No abandonment of subject-matter in earlier application if divisional is filed

X CLR II F 2.4.2 No effect on content of divisional application if earlier application has lapsed

X CLR II F 2.4.3 Final decision on subject-matter in the parent application – res judicata

X CLR II F 2.4.3.A Decisions affirming cross-procedural res judicata effect

X CLR II F 2.4.3.B Decisions leaving open the question of cross-procedural res judicata effect

X CLR II F 2.4.3.C Decisions doubting cross-procedural res judicata effect

X CLR II F 2.4.4 Re-filing of same subject-matter

X CLR II F 3 Filing a divisional application

X CLR II F 3.1 Right to file a divisional application

X CLR II F 3.1.1 Applicant of earlier application entitled to file divisional application

X CLR II F 3.1.2 Filing of divisional application during stay of proceedings

X CLR II F 3.1.3 Joint applicants

X CLR II F 3.1.4 No obligation to postpone a decision to allow the filing of a divisional application

X CLR II F 3.2 Filing date attributed to divisional application

X CLR II F 3.3 Language for filing divisional application

X CLR II F 3.4 Divisional application to be filed with EPO

X CLR II F 3.5 Requirement of pending earlier application

X CLR II F 3.5.1 Requirement of pending earlier application sets no time limit

X CLR II F 3.5.2 Pendency before the EPO

X CLR II F 3.5.3 Pendency in case of grant of earlier application

X CLR II F 3.5.4 Pendency in case of refusal of earlier application against which no appeal was filed

X CLR II F 3.5.5 Pendency in case of refusal of earlier application against which an appeal was filed

X CLR II F 3.5.6 Pendency in case of deemed withdrawal of earlier application and request for re-establishment

X CLR II F 3.5.7 Pendency in case of deemed withdrawal of earlier application and no reaction to loss of rights communication under Rule 112(1) EPC

X CLR II F 3.5.8 Pendency in case of withdrawal of earlier application

X CLR II F 3.6 Time limits under Rule 36(1)(a) and (b) EPC in the version in force between 1 April 2010 and 31 March 2014

X CLR II F 3.6.1 Changes to Implementing Regulations

X CLR II F 3.6.2 Interpretation of Rule 36(1)(a) and (b) EPC

X CLR II F 4 Procedural questions

X CLR II F 4.1 Procedural independence of divisional application

X CLR II F 4.2 Designation of contracting states in a divisional application

X CLR II F 4.2.1 Deemed designation of all states designated in earlier application at the date of filing of divisional

X CLR II F 4.2.2 Payment of fee for each designated State – case law concerning situation prior to 1 April 2009

X CLR II F 4.3 Correction of errors in a divisional application

X CLR II F 4.4 Search fee for a divisional application

X CLR II F 5 Double patenting

X CLR II F 5.1 No legitimate interest in grant of a second patent claiming same subject-matter

X CLR II F 5.2 Different subject-matter and scope of protection; overlapping subject-matter

X CLR II F 5.3 Double patenting objection in opposition