At a recent meeting, the EPO's Administrative Council
decided to implement a number of amendments to the rules of the
European Patent Convention (EPC). The amendments will be taking
effect as of 1 April 2010.
The new amendments mean that stricter rules will apply regarding
the time limit for filing of divisional applications, i.e.
applications which contain matter of the already filed European
patent application. With the introduction of the new rule, two
types of divisional applications are distinguished: a required
application (in case of non-unity objection) and a voluntary
application filed on the applicant's own initiative. According
to the new rule, the deadline for filing the divisional application
will be either within 24 months of the communication of lack of
unity or within 24 months of the first examination report (for
voluntary divisonals).
Furthermore, the amendments will also mean that a number of
procedures previously belonging in the examination phase will be
conducted in the search phase. The amendments are:
- If an application includes too many independent claims within the same claim category, the search can only be focused on one claim per category
- If an application lacks clarity and a search cannot be executed, the applicant will be required to provide a more detailed explanation of what should be searched
- The applicant is obliged to respond to a Search Opinion – also in cases when EPO is the PCT authority.
- The applicant must provide basis for any subsequent amendments to the claims made during the handling of the case
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
