http://patentauthority.com/2009/02/divisional-applications-europe-paris-convention/?utm_source=rss&utm_medium=rss&utm_campaign=divisional-applications-europe-paris-convention Domestic and International Patents, Trademarks, and IP Strategy Wed, 26 Oct 2011 21:23:49 +0000 hourly 1 http://patentauthority.com/2009/02/divisional-applications-europe-paris-convention/comment-page-1/#comment-13272 cees mulder Thu, 24 Mar 2011 12:17:01 +0000 http://patentauthority.com/?p=262#comment-13272 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. 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.

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