Divisional applications - EPO announces changes
2 December, 2013
Amendments to Rules 36, 38, and 135 of European Patent
Convention (EPC) are set to come into effect from 1-4-2014. It will
enable the filing of divisional applications before EPO as long as the earlier (parent)
application is pending. The new provisions will apply to divisional
applications filed on or after 1-4-2014. Currently there is a twenty-four month
time limit for filing divisional application. This is being repealed.
The current provisions were brought in, in 2010 amidst
various objections including, the plea that stringent timeline would force
applicants to file divisional applications more as a matter of caution so as to
be within the timeframe rather than out of necessity.