2.5 Filing a new application 

A new European patent application under Art. 61(1)(b) must be filed in electronically or on paper or electronic form with the EPO in Munich, The Hague, Munich or Berlin. It is not possible to file an application according to Art. 61(1)(b) with the competent authorities of a contracting state.

The new application is in many other respects treated as a European divisional application and corresponding provisions apply. In particular, the following provisions relating to divisional applications apply mutatis mutandis:

(i)accordance of the date of filing of the earlier application and entitlement to priority date – see A‑IV, 1.2;

(ii)information in the request for grant – see A‑IV, 1.3.2;

(iii)filing, search, designation and claims fees – see A‑IV, 1.4.1 and A-IV, 1.4.2;

(iv)designation of inventor – see A‑IV, 1.5.

(v)language requirements – see A‑IV, 1.3.3.

However, arrangements for renewal fees are different. For the year in which the new application is filed and for the years beforehand, no renewal fees are payable.

In other respects the formal examination is carried out as for other applications.

If it is adjudged that a third party is entitled to the grant of a European patent for only some of the contracting states designated in the earlier application, and the third party files a new application for these states, the earlier application continues to be in the name of the earlier applicant for the remaining states.

The earlier application is deemed withdrawn on the new application's filing date for the contracting states originally designated in which the decision has been taken or recognised.