Changes to EPO Divisional Rules

Law

From 1st April 2014, the EPO’s position on divisional applications reverts back to the previous position.  Currently, in most cases a divisional application must be filed within 24 months of the date of the first substantive examination report.  Rather than reducing the number of divisionals that were filed, this change actually resulted in a large increase.

From 1st April 2014, a divisional application can be filed so long as the application to be divided is pending. 

For divisionals which are filed based on an existing divisional, there will be an additional filing fee as follows:

2nd generation divisional:              €210

3rd generation divisional:               €420

4th generation divisional:               €630

5th generation divisional:               €840

These fees are additional to the regular filing fee, and it must be remembered that other official fees (search and back-renewal fees) are usually due, at or shortly after, filing.