GL C IX 2.1 General remarks

In certain circumstances, before a patent has been granted on a particular application, it may be adjudged as a result of a final decision of a national court that a person other than the applicant is entitled to the grant of a patent thereon.

The parent and divisional applications may not claim the same subject-matter, even in different words (for further information, see G‑IV, 5.4). The difference between the claimed subject-matter of the two applications must be clearly distinguishable. As a general rule, however, one application may claim its own subject-matter in combination with that of the other application.

GL C IX 1.5 Description and drawings

The description and drawings of the parent application and the or each divisional application should in principle be confined to matter which is relevant to the invention claimed in that application. However, amendment of the description should be required only where it is absolutely necessary. Thus, the repetition in a divisional application of matter in the parent application need not be objected to unless it is clearly unrelated to or inconsistent with the invention claimed in the divisional application.

GL C IX 1.4 Examination of a divisional application

The substantive examination of a divisional application should in principle be carried out as for any other application but the following special points need to be considered. The claims of a divisional application need not be limited to subject-matter already claimed in claims of the parent application.

GL C IX 1.3 Abandonment of subject-matter

The mere deletion of subject-matter in the parent application is not prejudicial to the later filing of a divisional application. When deleting subject-matter, the applicant should, however, avoid any statements which could be interpreted as abandonment with substantive effect, thereby impeding the valid filing of a divisional application for that subject-matter (see also H‑III, 2.5, last paragraph).

GL C IX 1.2 Voluntary and mandatory division

Applicants may file a divisional application of their own volition (voluntary division). The most common reason, however, for filing a divisional application is to meet an objection under Art. 82 due to lack of unity of invention (mandatory division).

GL C IX 1.1 General remarks

Subsequent to the filing of a European application or upon entry into the European phase of a Euro-PCT application, a divisional application may be filed. The divisional application is accorded the same date of filing as the parent application and has the benefit of any right of priority of the parent application in respect of the subject-matter contained in the divisional application. However, the parent application must be pending when a divisional application is filed (A‑IV, 1.1.1).