EPO RULE CHANGES 2010 Nicholas Fox. EPO Rule Changes. Changes in search procedures Changes to divisional practice Changes to examination procedure. CHANGES IN EPO SEARCH PROCEDURES. Reasons not to search. Lack of unity Lack of statutory subject matter
1) A cat flap pre-activated using a time machine.
2) A cat flap lifted using anti-gravity plates.
3) A cat flap powered by a perpetual motion device.
1) A cat flap.
2) as 1 pre-activated using a time machine.
3) as 1 lifted using anti-gravity plates.
4) as 1 powered by a perpetual motion device.
1) Within 24 months from first communication from Examining Division on the earliest application
2) Within 24 months from when a lack of unity objection is raised for the first time
3) Divisional applications can still be filed on any pending application up until 10.1.2010
(i.e. before 10.1.2010)
Deadline for filing divisional applications
1st examination report
(i.e. after 10.1.2010)
Deadline for filing divisional applications is
2 year anniversary in this case 6.1.2011
Deadline for filing divisional of divisional
Divisional filing deadline is NOT extended by an unsearched subject matter objection
6.1.2009 – 1st examination report
6.1.2011 – 2 year anniversary of 1st examination report – divisional deadline
10.1.2011 – Unsearched subject matter objection
Not possible to file a divisional application to protect unsearched subject matter
October 1, 2010 after which no further divisional filings can be made
1 month deadline for correcting the deficiency if basis is not identified or insufficiently identified