EPC Rule 36:
(1) The applicant may file a divisional application relating to any pending earlier European patent application.
(2) A divisional application shall be in the language of the proceedings for the earlier application and shall be filed with the European Patent Office in Munich, The Hague or Berlin.
(3) The filing fee and search fee shall be paid within one month of filing the divisional application. If the filing fee or search fee is not paid in due time, the application shall be deemed to be withdrawn.
(4) The designation fees shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report drawn up in respect of the divisional application. Rule 39, paragraphs 2 and 3, shall apply.
Paris Convention Article 4G:
(1) If the examination reveals that an application for a patent contains more than one invention, the applicant may divide the application into a certain number of divisional applications and preserve as the date of each the date of the initial application and the benefit of the right of priority, if any.
(2) The applicant may also, on his own initiative, divide a patent application and preserve as the date of each divisional application the date of the initial application and the benefit of the right of priority, if any. Each country of the Union shall have the right to determine the conditions under which such division shall be authorized.
Links: European Patent Convention (EPC) Rule 36, Article 4 G of the Paris Convention for the Protection of Industrial Property.
Rule 36 EPC has been thorougly amended by the Administrative Council of the European Patent Organization in order to reduce/limit the number of divisional applications filed by applicants.
The text displayed on this webpage reflects the text applicable before April 1, 2010.
In addition, the new text of Rule 36(1) EPC with respect to mandatory filing of a divisional application in response to a non-unity objection by the search examiner (setting a time limit of 24 months) is a direct violation of the corresponding Article 4G(1) of the Paris Covention – because the EPC imposes “conditions” for filing such divisionals which is not allowed according to Article 4G(1) Paris Convention.
Only Article 4G(2) mentions “conditions” under which Office will authorize the divisional. The latter case relates to an applicant filing a divisional of his own volition.