New time limit for filing divisional application(s) at the EPO

Question 1
What is the new time limit for filing divisional application(s) at the EPO once the changes of the Implementing Regulations of the European Patent Convention comes into force on 1st April 2010?

Answer 1
Beginning 1st April 2010, divisional application(s) on the applicant’s own initiative (so-called voluntary divisional applications) will need to be filled at the EPO within a period of 24 months from the first communication issued by the EPO examining division in respect of the parent (i.e. previous) or an even earlier (in case of “chain” of applications) application (Rule 36 (1)(a) EPC).
Divisional application(s) filed as reaction to a non-unity objection (so-called mandatory divisional applications) will also have to be filed at the EPO within 24 months from the communication in which the relevant objection is raised by the examining division for the first time (Rule 36 (1)(b) EPC). If the deadline is missed, no further processing is available, only re-establishment of right is possible if the applicant has valid grounds.
The rule for the new time limit for divisional applications filed at the EPO will enter in force on 1 April 2010. Therefore the time line will apply to divisional applications filed on or after that date. If the time limits provided for in amended Rule 36(1) EPC have expired before 1 April 2010, a divisional application may still be filed within six months of that date (i.e., 1 April 2010). If the time limits are still running on 1 April 2010, they will continue to do so for not less than six months.
If you have pending application on 1st April 2010 and the first communication by the EPO examining division was issued before 1st October 2008, you must make a decision before 1st October 2010 whether divisional(s) of that application should be filed. If you have pending application on 1st April 2010 and the first communication by the EPO examining division was issued on or after 1st October 2008, you must make a decision within 24 months from the first communication of the parent application whether divisional(s) of that application should be filed.