A.76 EPC European divisional applications

(1)
A European divisional application shall be filed directly with the European Patent Office in accordance with the Implementing Regulations. It may be filed only in respect of subject-matter which does not extend beyond the content of the earlier application as filed; in so far as this requirement is complied with, the divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall enjoy any right of priority. 
(2)
All the Contracting States designated in the earlier application at the time of filing of a European divisional application shall be deemed to be designated in the divisional application. 
 
[ Art. 61 75 100 128 138 R. 4 6 16 36 41 45 51 57 60 135 143 147 ]
Amended by the Act revising the European Patent Convention of 29.11.2000. 
See opinion/decision of the Enlarged Board of Appeal G 4/98, G 1/05, G 1/06 (Annex I).

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EPC Articles

EPC Implementing Rules

EPC Rules relating to Fees

EPO Guidelines - A Formalities Examination

EPO Guidelines - B Search

EPO Guidelines - C Procedureal Aspects of Substantive Examination

EPO Guidelines - D Opposition and Limitation/Revocation Procedures

EPO Guidelines - E General Procedural Matters

EPO Guidelines - F The European Patent Application

EPO Guidelines - H Amendments and Corrections

EPO PCT GL - F (not assigned)

EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office

Offical Journal of the EPO

Case Law Book: II Conditions to be met by an Application

Case Law Book: IV Divisional Applications

Case Law of the Enlarged Board

General Case Law