筆記
Rule 36
（歐洲分割案應於歐洲審查單位發出第一次通知後24個月內提出，或是第一次提出不符單一性Art.82核駁通知後24個月內提出）(updated on Dec. 20, 2013, 歐洲專利修法自2014年4月起的分割案不限24個月，http://enpan.blogspot.tw/2013/11/blog-post_7333.html)
European divisional applications Art. 14, 76, 78, 79, 94
(1) The applicant may file a divisional application relating to any pending earlier European patent application, provided that:
(a) the divisional application is filed before the expiry of a time limit of twenty-four months from the Examining Division's first communication under Article 94, paragraph 3, and Rule 71, paragraph 1 and 2, or Rule 71, paragraph 3, in respect of the earliest application for which a communication has been issued, or
(b) the divisional application is filed before the expiry of a time limit of twenty-four months from any communication in which the Examining Division has objected that the earlier application does not meet the requirements of Article 82, provided it was raising that specific objection for the first time.
分割案規定後相關法條：
Article 14(1)
（歐洲專利官方語言有英文、法文與德文）
The official languages of the European Patent Office shall be English, French and German.
Article 76 European divisional applications
（根據歐洲專利法施行細則，分割案專利標的不能超出原母案揭露內容，取得原母案申請日的優勢；母案所指定進入的國家，分割案也適用）
(1) A European divisional application shall be filed directly with the European Patent Office in accordance with the Implementing Regulations. It may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application as filed; in so far as this requirement is complied with, the divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall enjoy any right of priority.
(2) All the Contracting States designated in the earlier application at the time of filing of a European divisional application shall be deemed to be designated in the divisional application.
Article 94 Examination of the European patent application
（實際審查應付費才會執行；如果沒有即時提出實審請求，申請案將被撤回；如果審查結果認定並未符合專利法，申請人可提出意見，並修改；如果申請人未即時提出回應，申請案被撤回）
(1) The European Patent Office shall, in accordance with the Implementing Regulations, examine on request whether the European patent application and the invention to which it relates meet the requirements of this Convention. The request shall not be deemed to be filed until the examination fee has been paid.
(2) If no request for examination has been made in due time, the application shall be deemed to be withdrawn.
(3) If the examination reveals that the application or the invention to which it relates does not meet the requirements of this Convention, the Examining Division shall invite the applicant, as often as necessary, to file his observations and, subject to Article 123, paragraph 1, to amend the application.
(4) If the applicant fails to reply in due time to any communication from the Examining Division, the application shall be deemed to be withdrawn.
Rule 71 Examination procedure
（審查委員可要求申請人限期提出缺陷修正；審查單位的審查意見應包括核駁理由；專利獲准前，應通知申請人付費公告，並要求4個月內提出另外兩個官方語言（審查時已經針對一種語言））
(1) In any communication under Article 94, paragraph 3, the Examining Division shall, where appropriate, invite the applicant to correct any deficiencies noted and to amend the description, claims and drawings within a period to be specified.
(2) Any communication under Article 94, paragraph 3, shall contain a reasoned statement covering, where appropriate, all the grounds against the grant of the European patent.
(3) Before the Examining Division decides to grant the European patent, it shall inform the applicant of the text in which it intends to grant it and of the related bibliographic data. In this communication the Examining Division shall invite the applicant to pay the fee for grant and publishing and to file a translation of the claims in the two official languages of the European Patent Office other than the language of the proceedings within four months.
Article 82 Unity of invention
（申請案中所載發明應符合同一廣義技術概念下的單一性要求）
The European patent application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept.
Rule 39 Designation fees
（歐洲檢索報告公開後6個月內應繳付國家指定費（固定），如果未繳費，該案視同撤回；已繳指定費不得要求退費）
(1) The designation fee shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report.
(2) Where the designation fee is not paid in due time or the designations of all the Contracting States are withdrawn, the European patent application shall be deemed to be withdrawn.
(3) Without prejudice to Rule 37, paragraph 2, second sentence, the designation fee shall not be refunded.
Ron
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