Article 50

Division of the application

  1. The applicant may divide the application by declaring that some of the goods or services included in the original application will be the subject of one or more divisional applications. The goods or services in the divisional application shall not overlap with the goods or services which remain in the original application or those which are included in other divisional applications.
  2. The declaration of division shall not be admissible:
    • (a) if, where an opposition has been entered against the original application, such a divisional application has the effect of introducing a division amongst the goods or services against which the opposition has been directed, until the decision of the Opposition Division has become final or the opposition proceedings are finally terminated otherwise;
    • (b) before the date of filing referred to in Article 32 has been accorded by the Office and during the opposition period provided for in Article 46(1).
  3. The declaration of division shall be subject to a fee. The declaration shall be deemed not to have been made until the fee has been paid.
  4. Where the Office finds that the requirements laid down in paragraph 1 and in the rules adopted pursuant to paragraph 9(a) are not fulfilled, it shall invite the applicant to remedy the deficiencies within a period to be specified by the Office. If the deficiencies are not remedied before the time limit expires, the Office shall refuse the declaration of division.
  5. The division shall take effect on the date on which it is recorded in the files kept by the Office concerning the original application.
  6. All requests and applications submitted and all fees paid with regard to the original application prior to the date on which the Office receives the declaration of division are deemed also to have been submitted or paid with regard to the divisional application or applications. The fees for the original application which have been duly paid prior to the date on which the declaration of division is received shall not be refunded.
  7. The divisional application shall preserve the filing date and any priority date and seniority date of the original application.
  8. Where the declaration of division relates to an application which has already been published pursuant to Article 44, the division shall be published. The divisional application shall be published. The publication shall not open a new period for the filing of oppositions.
  9. The Commission shall adopt implementing acts specifying:
    • (a) the details to be contained in a declaration of the division of an application made pursuant to paragraph 1;
    • (b) the details as to how to process a declaration of the division of an application, ensuring that a separate file, including a new application number, is established for the divisional application;
    • (c) the details to be contained in the publication of the divisional application pursuant to paragraph 8. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 207(2).