There is a quirk in the European Patent Convention that the filing and search fees are due a month after filing. This is all very nice, and gives a period in which the fees can be sent to Munich or the Hague by post (cheques not being acceptable for applications filed at the national offices). However, there is nothing to stop you filing a divisional application to exactly the same material as originally filed within this month. The fees on this application are then due one month after that was filed. Repeat every month, then surface the application at the time of one's choosing by paying all the fees due (which may include any back renewal fees).
So, in a fit of experimental interest, I'm trying it. I've drafted an application to doing exactly that and filed it. Initially I filed a United Kingdom application (UK application number 0402818.9, dated 09 February 2004, continued as GB0502643.0 dated 09 February 2005) to make sure I had foreign filing clearance. Then (after a few false starts when I got three or so applications filed and forgot one month), I'm filing European Applications every three weeks or so. Here's a little table to show how I'm doing.
| Application Number | Date | EPO letter requesting surcharge | Deemed Withdrawn |
| 04106379.3 | 8 December 2004 | ||
| 05100101.4 | 10 January 2005 (8.1.05 being a Saturday) | ||
| 05100854.8 | 8 February 2005 | ||
| 05270004.4 | 7 March 2005 |
One day, when I'm rich and have too much money to spare (or if someone pays me) I'll pay the filing fees to see if the EPO would let me have the date. Not that I have any patentable material...
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