Publication of a divisional application

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Posts: 1
Joined: Wed May 22, 2019 11:17 am

Publication of a divisional application

Post by g.m. » Wed May 22, 2019 11:43 am

Good morning,

I would like to know if a divisional application will be published when its status is "deemed to be withdrawn".

I knew about the filing of the divisional application I'm interested in from the EPO Register page of the parent application. This is the line in the event history of the Register:
07.12.2018 Change - divisional application(s) published on 09.01.2019 [2019/02]

"Published on 09.01.2019" refers to the publication of the Buletin.
As far as I know, a divisional application is published about 4 months after the Buletin.

However, I have recently noticed the following line in the Register of the parent application:
Divisional application(s) EP******** Application deemed to be withdrawn : 05.01.2019

(the above line has appeard probably in april or may 2019)

So, my question is: will the divisional application be published or not?

Thank you

Posts: 96
Joined: Mon Dec 22, 2014 8:30 am

Re: Publication of a divisional application

Post by EPO / EPAL Team » Thu May 23, 2019 10:32 am

Please be informed that after the filing, the divisional applications are treated as normal EP applications, including the principles for the publication.

The publication of an EP application happens after the standard 18 months from either the date of filing or the priority date, but this period has usually already expired when the divisional application is filed.
Thus the publication happens as soon as the technical preparations for publication are completed and as soon as all formal requirements with respect to the divisional application have been fulfilled.

In case the divisional application is deemed to be withdrawn for example due to the non-payment of the prescribed fees, then the divisional will not be published until these deficiencies in given requirements are remedied. Subsequent events to "application deemed to be withdrawn" will be published in due course in the European Patent Register and Bulletin.

Best regards,

Patrick Le Gonidec

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