As we have previously reported, the EPO has decided to abandon its 2-year time limits for the filing of divisional applications. As of 1 April 2014, divisional applications can be filed from all pending European applications, even if the 2-year time limit expired before 1 April 2014.
There will now be an additional fee for second and further generations of divisional applications, implemented as per the following example. A first generation divisional application is filed, derived from a parent application. No additional fee is due for the first generation divisional application, or for any other first generation divisional applications derived from the parent application.
However, a divisional application derived from the first generation divisional application, i.e. a second generation divisional application, will require the payment of a further fee upon filing. All other second generation divisional applications will require the same fee to be paid upon filing. Further generations of divisional applications will require an increasing fee to be paid, as shown in the following table:
|5th and subsequent generations
The additional fee will be due within one month of filing a divisional application. If this time limit is missed, further processing will be available.
Please contact your usual Boult Wade Tennant adviser should you wish to discuss this topic in more detail.
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