Russian and Eurasian Divisional Applications
What is the deadline for filing a divisional application in the Russian and Eurasian Patent Offices?
A divisional application can be filed with the Russian PTO:
- at any time during the prosecution and, if the patent is granted, before the date of the registration of the patent;
- in case of refusal, during the statutory time period allowed for challenging the decision of refusal, i.e.:
- 7 months from the date of the dispatch of the decision of refusal or
- 7 months from the date of the dispatch of the cited references provided that they have been requested within three months from the dispatch of the decision of refusal.
A divisional application can be filed with the EAPO:
- at any time during the prosecution and, if the patent is granted, before the date of the registration of the Eurasian patent;
- in case of refusal, during the time period allowed for challenging the decision of refusal, that is within three months of the date of receipt by the applicant of the notification of refusal.
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