As of April 01, 2010, Amended Rules 36 and 135 EPC requires that a divisional application will have to be filed within 24 months from either:
- the very first communication from the Examining
Division (Article 94(3) EPC) in respect of the earliest application in a family
or chain; or
- any objection of lack of unity of invention (Article 82 EPC) in respect of any application within the family.