Case law - divisionals

Question 1

G1/05 Correction of divisional applications

Answer 1

So far as Article 76(1) EPC is concerned, a divisional application that at its actual date of filing
contains subject matter extending beyond the content of the earlier application as filed can be
amended later in order that its subject matter no longer so extends, even at a time when the earlier application is no longer pending. Furthermore, the same limitations apply to these amendments as to amendments to any other (non-divisional) applications.

Question 2

G1/06 Sequences of divisionals

Answer 2

In the case of a sequence of applications consisting of a root (originating) application followed by divisional applications, each divided from its predecessor, it is a necessary and sufficient condition for a divisional application of that sequence to comply with Article 76(1), second sentence, EPC that anything disclosed in that divisional application be directly and unambiguously derivable from what is disclosed in each of the preceding applications as filed.

Question 3

G1/09 Pending Application

Answer 3

Even if no appeal is ever filed, a European patent application which has been refused by a decision of an Examining Division remains pending for the purposes of filing divisional applications until the end of the expiry of the time limit for filing a notice of appeal against the decision to refuse.