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The transatlantic divide: how divisional and continuing patent application filing practice differs between the USA
Emily Nytko-Lutz1, Devanand Crease
1Keltie LLP, Fleet Place House, 2 Fleet Place, London, EC4M 7ET, UK.
Abstract:
In this article we compare patent application 'fragmentation' strategies in the USA and Europe. Recent changes in European law restricting the timeframe in which divisional applications may be filed now make adopting a US-style approach in Europe virtually impossible. Life-science originator companies must therefore use foresight to direct the filing of appropriate divisional applications to meet the narrowed window of opportunity in Europe.
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