Only the applicant on record may file a divisional application. This means that, in the case of a transfer of an application, a divisional application may only be filed by or on behalf of the new applicant if the transfer was duly registered and therefore effective vis-à-vis the EPO (Rule 22) at the filing date of the divisional application. A purported divisional application that is not filed in the name of the applicant of the parent application will not be processed as a European divisional application. The EPO will inform the applicant by issuing a communication pursuant to Rule 112(1) (see A‑IV, 1.1).
Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/a_iv_1_1_3.htm
Date retrieved: 17 May 2021