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What is the time limit to file Divisional Application with EPO/Europe?

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.

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