Detailed Answer with Legal References
a) Filing location of EP-D
True - Under Rule 36(2) EPC, third sentence, a divisional application must be filed directly with the EPO at one of its official filing locations: Munich, Berlin, or The Hague. Filing at other locations or via other routes is not permitted for divisionals.
b) Renewal fees
True - Per Rule 51(3) EPC, when a divisional application is filed, the renewal fees already due for the parent application as of the filing date of the divisional also become due for the divisional.
In this case, renewal fees for EP-P covering at least the 3rd and 4th years are already due today, and they must also be paid for EP-D.
c) Need to file an appeal before filing EP-D
False - The Enlarged Board of Appeal in G 1/09 clarified that a European patent application remains pending within the meaning of Rule 36(1) EPC during the period for filing an appeal after a refusal decision, even if no appeal is filed.
Thus, there is no requirement to lodge an appeal solely to keep the application pending for the purpose of filing a divisional.
d) Language of proceedings
True - According to Rule 36(2) EPC, first and second sentences, the divisional application must be filed in the same language of proceedings as the parent application. This requirement applies irrespective of whether the parent was originally filed in an EPO official language or translated into one.
Exam Tip
When filing a divisional after refusal, watch the clock: you have until the end of the appeal period (two months from notification of the refusal) to file it. No appeal is required to preserve pendency. Also, double-check renewal fee liabilities and ensure correct language and location to avoid formal pitfalls.
Legal Disclaimer
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