Common Sense Prevails At EPO On Poisonous Divisionals

Following a referral to the EPO's Enlarged Board of Appeal relating to the issue of so-called "poisonous divisionals" (discussed in our previous article), it appears that such problems will no longer trouble applicants.

The issue of "poisonous divisionals" has resulted in such seemingly paradoxical problems as the claim of a parent application being held to lack novelty over an embodiment described in its own divisional application.

Yesterday, the Enlarged Board of Appeal wrote to the President of the EPO enclosing a copy of its order in this decision, and advising that the full reasoned decision (G 1/15) will be issued as soon as possible. However, it seems clear from the wording of the order that the problem of poisonous divisionals, and the related problem of toxic priority, are set to disappear.