(2)[ 54 ]
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.
(4)[ 55 ]
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 Rule 39, paragraphs 3, shall apply.
Amended by decision of the Administrative Council CA/D 15/13 of 16.10.2013 (OJ EPO 2013, 501), which entered into force on 01.04.2014.
See notice from the EPO of 08.01.2014 concerning European divisional applications – amendment of Rules 36, 38 and 135 EPC and Article 2(1) of the Rules relating to Fees (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), which 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), which entered into force on 01.04.2009.
Source: http://www.epo.org/law-practice/legal-texts/html/epc/2016/e/r36.html
Date retrieved: 17 May 2021
89 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 - 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. - C The EPO as ISA and SISA
Offical Journal of the EPO
XOJ EPO SE 5/2017, p43 - Annex A.2 to the ADA - Information from the EPO concerning the automatic debiting procedure
XOJ EPO 2014, A22 - Notice from the European Patent Office dated 8 January 2014 concerning European divisional applications – amendment of Rules 36, 38, and 135 EPC and Article 2(1) RFees
XOJ EPO 2013, 16 - Notice from the European Patent Office dated 3 December 2012 on calculation of the time limit under Rule 36(1) EPC
XOJ EPO 2011, 273 - Notice from the European Patent Office dated 11 March 2011 concerning identification of the examining division's first communication in respect of the earliest application for which a communication has been issued (Rule [..]
XOJ EPO 2011, 110 - Decision of the President of the European Patent Office dated 9 December 2010 concerning the information given in the European Patent Register
XOJ EPO 2010, 568 - Decision of the Administrative Council of 26 October 2010 amending Rule 36 of the Implementing Regulations to the European Patent Convention (CA/D 16/10)
XOJ EPO 2010, 406 - Notice from the European Patent Office dated 29 June 2010 concerning communications under amended Rule 161 EPC
XOJ EPO 2009, 601 - Notice from the European Patent Office dated 26 October 2009 on the establishment of the date of the Examining Division's first communication for calculation of the time limit under Rule 36(1)(a) EPC as from 1 April 2010
XOJ EPO 2009, 486 - Notice from the European Patent Office dated 14 September 2009 concerning the filing of a certified copy of an earlier application to which reference is made
XOJ EPO 2009, 481 - Notice from the European Patent Office dated 20 August 2009 concerning amended Rule 36(1) and (2) EPC (European divisional applications) and consequential amendments to Rules 57(a) and 135(2) EPC
XOJ EPO 2009, 296 - Decision of the Administrative Council of 25 March 2009 amending the Implementing Regulations to the European Patent Convention (CA/D 2/09)
XOJ EPO 2008, 513 - Decision of the Administrative Council of 21 October 2008 amending the Implementing Regulations to the European Patent Convention (CA/D 4/08)
Case Law Book: II Conditions to be met by an Application
XCLR II F 3.5.4 Pendency in case of refusal of earlier application against which no appeal was filed
XCLR II F 3.5.5 Pendency in case of refusal of earlier application against which an appeal was filed
XCLR II F 4.2.1 Deemed designation of all states designated in earlier application at the date of filing of divisional