Russian and Eurasian Divisional Application Claims

Is it possible in the Russian and Eurasian Systems to file a divisional application with the same claim set as the claim set of the original application and then to amend the claims during prosecution?


The Eurasian Patent office does not allow the claims of a divisional Eurasian application to contain inventions identical to the inventions claimed in the parent Eurasian application (unless the divisional application is filed in response to a non-unity objection). 

The RUPTO, on the contrary, allows the applicant to initially file a divisional application with the claims identical to those contained in the parent Russian application. The claims can be amended later on during the processing of the application.

This opportunity may be used by an applicant unsure about the scope of claims, but pressed by the deadline. At the same time, the applicant should note that the official fees for the examination will be charged based on the total number of independent claims.


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