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ARTICLE · 19 NOVEMBER 2013

IP Bulletin, November 2013

Nutter McClennen & Fish LLP
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The Nutter IP Bulletin provides periodic IP news, updates and practical tips.

United StatesIntellectual Property
Ronald Cahill
Ronald Cahill
Peter Nils Baylor
Peter Nils Baylor
William Geary III
William Geary III
Megan Jeans
Megan Jeans
Konstantin Linnik, Ph.D.
Konstantin Linnik, Ph.D.
John Penny V
John Penny V
Rory Pheiffer
Rory Pheiffer
David Powsner
David Powsner
Derek P. Roller
Derek P. Roller
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24 Month Deadline Removed to File European Divisional Applications

Just three and a half years ago, the European Patent Office (EPO) changed its rules to limit the time period during which divisional applications could be filed. As explained in our March 2010 IP Bulletin, the rule change only allowed new divisional applications to be filed within 24 months of the first communication from the Examining Division issued in the family, absent a unity objection in a subsequent application. This change led to a rash of European divisional patent application filings prior to April 1, 2010. The EPO, however, has now reversed course. Last month the Administrative Council approved a rule change that permits divisional applications to be filed at the EPO based on any pending parent patent application, regardless of how long the application has been pending. Under this rule change, a divisional application could be filed up until the date that the application from which the

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