CIPA Amicus Brief on Divisional Applications Under the EPC.
CIPA, the Insitute of the British patent professionals, has published an Amicus Brief sent to the Enlarged Board of Appeal of the European Patent Office concerning pending case No. G1/05:
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Question 1:
Can a divisional application which does not meet the requirements of Article 76(1) EPC because, at its filing date, it extends beyond the content of the earlier application, be amended later in order to make it a valid divisional application?
We submit that the answer to this question should be 'yes', for the following reasons.
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Question 2:
If the answer to Question (1) is yes, is this still possible when the earlier application is no longer pending?
We submit that the answer to this question should be 'yes', for the following reasons.
CIPA, the Insitute of the British patent professionals, has published an 
No. G1/05: