New time limit for filing divisional applications at the EPO

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As of 1st April 2010, new rules concerning the filing of divisional applications are in force at the EPO. The latter have been decided by the EPO Administrative Council to put a bar to the “abuse” in filing divisionals.

Office Freylinger is pleased to publish in its Knowlegde Center a leaflet entitled "Changes at the EPO as of 1 April 2010 - Part I: Divisionals" relating to the new time limits for validly filing a divisional from a pending European patent application.

As you will notice, the opportunities for filing divisionals have not only been severely reduced, but are now subject to tight time limits. Clearly the goal here is to prevent strategies of filing sequences of divisional applications each containing the same broad disclosure of the original patent application, allegedly leading to legal uncertainty for third parties.

Should you have further questions or concerns in this regard, do not hesitate to contact us.

By Henri Kihn