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Before the European Patent Office (EPO), divisional applications can be filed under Article 76 EPC. A European divisional application is a new application which is separate and independent from the parent application unless specific provisions in the European Patent Convention (EPC) require something different. [4]
During the grant procedure before the European Patent Office (EPO), divisional applications can be filed under Article 76 EPC out of pending earlier European patent applications. A divisional application, sometimes called European divisional application, is a new patent application which is separate and independent from the earlier application ...
A continuing patent application may be one of three types: a continuation, divisional, or continuation-in-part. Although continuation and continuation-in-part applications are generally available in the U.S. only, divisional patent applications are also available in other countries, as such availability is required under Article 4G of the Paris ...
A standard patent application is a patent application containing all of the necessary parts (e.g. a written description of the invention and claims) that are required for the grant of a patent. A standard patent application may or may not result in the grant of a patent depending upon the outcome of an examination by the patent office it is ...
A divisional application of a European patent application can be filed as long as the latter is still pending. [90] European divisional applications must be filed directly or by post with one of the filing offices of the EPO, i.e. at the European Patent Office at Munich, The Hague, or Berlin. [91]
When a patent application is objected to on the ground of a lack of unity, it may be still considered for patent protection, unlike for example in the case where the invention is found to be lacking novelty. A divisional application can usually be filed for the second invention, and for the further inventions, if any. Alternatively, the ...
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