Divisional applications must be filed with the EPO in Munich, The Hague or Berlin (R. 36(2), third sentence, EPC). If a divisional application is sent to a national authority, the latter does not have to transmit it to the EPO. However, if it does, this application will have as date of receipt the date on which it reaches the EPO (T 196/10).

According to Art. 76(1), second sentence, EPC, in so far as the subject matter of the divisional application does not extend beyond the content of the earlier application as filed, the divisional application shall be deemed to have been filed on the date of filing of the earlier application.