European patent: new requirements for filing a divisional patent application

On 16 October 2013, the Administrative Council of the European Patent Organisation (decision no. CA/D 15/13) amended the provisions of the European Patent Convention dealing with the requirements for the filing of divisional patent applications (namely rules 36, 38 and 135).

The divisional patent application is a type of patent application that shares the same technical content of a previously filed application (the so-called ‘parent application’) and claims its filing date (or priority)…

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