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ARTICLE · 31 MARCH 2010

European Patent Rules Changes Set To Take Effect April 1

Nutter McClennen & Fish LLP
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In an effort to improve patent quality and accelerate patent examination, the European Patent Office (EPO) adopted a number of rule changes that are set to take effect on April 1, 2010. This article summarizes some of the more-significant changes.

United StatesIntellectual Property
Nutter McClennen & Fish LLP'S Intellectual Property Practice Group
Nutter McClennen & Fish LLP'S Intellectual Property Practice Group
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Originally published March 15, 2010

In an effort to improve patent quality and accelerate patent examination, the European Patent Office (EPO) adopted a number of rule changes that are set to take effect on April 1, 2010. This article summarizes some of the more-significant changes.

Divisional Applications (Rule 36)

At present, European divisional applications can generally be filed at any time during the pendency of the application to which they claim priority.

Under the new rules, divisional applications must also be filed within 24 months of the first communication from the Examining Division issued in the family or within 24 months of the first lack of unity objection raised in the immediate parent application, whichever is later. It is still required that the immediate parent application be pending for a claim of priority to be made.

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