The Administrative Council of the European Patent Office Decides about Important Amendments of the Implementing Regulations to the European Patent Convention

As of April 1, 2010, new implementing regulations are applicable. Specifically, divisional applications will undergo far-reaching changes. For a divisional application, the applicant has to take into due account a time limit of 24 months after the first communication in respect to the earliest application. The applicant may file a divisional application related to any pending European patent application, provided that (a) the divisional application is filed before the expiration of a time limit of 24 months from the Examining Division’s first communication in respect to the earliest application, or (b) the divisional application is filed before the expiration of a time limit of 24 months from any communication in which the Examining Division has objected the lack of unity of the invention for the first time. The amended rule is applicable with regard to divisional applications which are filed as of April 1, 2010. As transitional provision, there will be an additional term of six months to file a divisional application.