All contracting states designated in the earlier application at the time of filing a European divisional application are deemed to be designated in the divisional application (see also G 4/98). If no designations have been withdrawn in respect of the parent application, then all contracting states adhering to the EPC at the date of filing of the parent are automatically designated in the divisional application when it is filed. Conversely, contracting states, the designations of which have been withdrawn in respect of the parent application at the time of filing the divisional application, cannot be designated in respect of the divisional application.[Art. 76(2); Rule 36(4); ]

If the parent application was filed before 1 April 2009, and the time limit for payment of the designation fees has not yet expired for the parent application when the divisional application is filed, and no designations have been withdrawn in respect of the parent application, then all contracting states adhering to the EPC at the date of filing of the parent are automatically designated in the divisional application when it is filed. Conversely, contracting states, the designations of which have been withdrawn or deemed to be withdrawn in respect of the parent application at the time of filing the divisional application, cannot be designated in respect of the divisional application.

The flat designation fee payable for divisional applications filed on or after 1 April 2009 does not cover contracting states the designations of which have been withdrawn or deemed to be withdrawn at the time of filing the divisional application.