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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]
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 patent agent can only act in a representative capacity in patent matters presented to the USPTO, and may not represent a patent holder or applicant in a court of law. To be eligible for taking the patent bar exam, a candidate must possess a degree in "engineering or physical science or the equivalent of such a degree". [94]
The patent offices in Japan and China, similarly to the USPTO, also demand splitting patent applications into multiple divisionals as a means of increasing the monetary revenue of the offices. [ 3 ] 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 ...
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In case T 307/03, which related to a pending divisional application of a granted European patent, three requests were pending. In the main request, the subject-matter of claim 1 corresponded exactly to the subject-matter of claim 3 when dependent on claim 1 of the granted European patent (that is, the patent granted on the parent application). [18]