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VII.
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Divisional applications
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199
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The usual reason for filing a European divisional application is that the parent application does not satisfy the requirements as to unity of invention (see point 69) and the applicant is not content with limiting it.
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Art. 82, 76
R. 25
Guid. A-IV, 1;
Guid. C-VI, 9.1
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200
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A divisional application may be filed only for subject-matter which does not extend beyond the content of the parent application as filed. If it complies with this provision and with the formal requirements for according a date of filing (see point 135 et seq.), it is deemed to have the same date of filing and priority date as the parent application.
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Art. 76(1), second sentence, Art. 80
Guid. A-IV, 1.2;
Guid. C-VI, 9.1.1
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The divisional application may only designate contracting states which, at the time of its filing, are still effectively designated in the parent application.
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Art. 76(2); R. 25(2);
Guid. A-IV, 1.3.4;
G 4/98, OJ 2001, 131
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201
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A divisional application may be filed in respect of any pending earlier European patent application. An application is pending up to (but not including) the date that the European Patent Bulletin mentions the grant of the European patent.
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R. 25(1)
Guid. A-IV, 1.1.1;
OJ 2002, 112
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202
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Divisional applications must be filed directly with the EPO. The divisional application itself, or its translation in the case referred to in Article 14(2) (see point 44), must be filed in the language of the proceedings for the parent application. The translation must be filed within the time limits indicated in point 44, with the proviso that it may still be filed within a period of one month after the filing of the divisional application if that period expires later.
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Art. 76(1)
R. 4, 6(1)
Guid. A-IV, 1.3.3;
Guid. A-VIII, 1.3
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203
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See points 119-122 for the fees payable in respect of a European divisional application, and also for the time limits for payment and the legal consequences of missing them.
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R. 25(2)
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The search fee is refunded in full or in part if the search can be based on the search report for the parent application.
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Art. 10 RFees
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If the divisional application is filed more than two years after the parent application, the applicant must pay outstanding renewal fees (see points 204-207) no more than four months after filing the divisional application. If these are not paid in due time, they may still be validly paid within six months of the due date, provided that the additional fee is paid at the same time.
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R. 37(3)
Art. 86(2)
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D. The European patent grant procedure
VI. Appeals procedure
VIII. Renewal fees
