What is European divisional application?

A divisional application, sometimes called European divisional application, is a new patent application which is separate and independent from the earlier application, unless specific provisions in the European Patent Convention (EPC) require something different.

When can a divisional application be filed in europe?

Divisional applications are most often used when the parent application describes more than one invention. It is also possible for a European divisional application to have claims relating to the invention of the parent claims, but which are broader than, or overlap with, the parent claims.

Why file a divisional patent application?

Divisional applications are often used because an examiner of the original patent is restricting approval. Most patent applications require something referred to as “unity of invention” which means that inventors are not able to submit applications that have several unique ideas or concepts.

Is the EPO part of the eu?

Origin. The European Patent Office (EPO) was set up in 1973. From 16 signatory states of the European Patent Convention in 1973, the Organisation has now grown to 38 member states, including all 27 EU member states plus countries such as Norway, Switzerland and Turkey.

What is the difference between a divisional and a continuation application?

A Continuation allows an inventor to modify the claims, so long as the specification remain unchanged. A Divisional allows an inventor to split an application into two (or more) applications for patent, usually because the original application was attempting to claim multiple inventions simultaneously.

How much does it cost to file a patent in Europe?

That gives applicants the opportunity to decide at each stage of the procedure whether or not to continue with their application. As a rough guide, it currently costs on average EUR 6 100 (or EUR 5 875 if the application is filed online) to take a patent application through to the grant stage.

When can you file a divisional?

Divisional applications are generally used in cases where the parent application may lack unity of invention; that is, the parent application describes more than one invention and the applicant is required to split the parent into one or more divisional applications each claiming only a single invention.

How does a divisional patent application work?

What is the difference between a continuation and a divisional patent application?

What countries are covered by the European Patent Office?

The 26 member states of the European Union are currently members of the European Patent Organisation (EPO countries): Germany, Austria, Belgium, Bulgaria, Cyprus, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Holland, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland.

How do European Patents Work?

A European patent gives its owner the same rights as a national patent in each country for which it is granted. Assuming that the EPO decides that your application is allowable, the European patent will usually be granted about three to four years after you make the application.

Can you foreign file a continuation application?

A foreign priority claim is proper in the continuing application if the continuing application or the parent international application was filed not later than 12 months after the filing date of the foreign application. The required claim must be made within the time period set forth in 37 CFR 1.55(d)(1).

What is a divisional patent application in Europe?

European Divisional Applications. Summary. A divisional patent application is one created when a ‘parent’ application is divided in order to seek protection for subject matter disclosed, but not (or no. longer) claimed, in the parent application.

Where can I file a European patent application?

European divisional applications must be filed directly or by post with one of the filing offices of the EPO, i.e. at the European Patent Office at Munich, The Hague, or Berlin. It may also be filed using the so-called epoline online filing software.

Where can I file a European divisional application?

A European divisional application is limited to member states designated in the parent application at the time the divisional was filed. Restrictions on subject matter Article 76(1) of the European Patent Convention (EPC)

Can a divisional application be filed before the EPO?

During the grant procedure before the European Patent Office (EPO), divisional applications can be filed under Article 76 EPC out of pending earlier European patent applications.

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