I. A time limit within the meaning of Article 122(1) EPC
involves a period of a legally indicated length fixed for
carrying out a particular procedural act.
II. In procedural law, the fact that a conditional act can only
be accomplished before a particular set of circumstances
foreseen by a legal provision occurs (condition), is
conceptually different from a set period of time imposed for
doing an act (time limit) because in the first case the duration
of the period in which the act should be completed is determined
by the occurrence of the condition itself, whereas in the second
case it is pre-determined from the outset.
III. Rule 25(1) EPC does not impose any time limit for filing a
divisional application but rather sets a condition namely that
the earlier European patent application is pending. Therefore,
no time limit within the meaning of Article 122 EPC is imposed
by this rule.
