All extension and validation states designated in the earlier application at the time of filing of a European divisional application are deemed to be designated in the divisional application. For more details regarding the designation of these states, see A‑III, 12.1.

GL A IV 1.3.4 Designation of contracting states

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 If no designations have been withdrawn in respect of the parent application, then all contracting states adhering to the EPC at the date of filing of the parent are automatically designated in the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.

GL A IV 1.3.3 Language requirements

As indicated in A‑VII, 1.3, a divisional application must be filed in the language of the proceedings of the parent application. Alternatively, if the earlier (parent) application was filed in a language other than an official language of the European Patent Office, the divisional application may be filed in that language.

GL A IV 1.3.2 Request for grant

The request for grant of a patent must contain a statement that a divisional application is sought and state the number of the parent application. It should also mention which generation of divisional application is being filed (Rule 38(4), Art. 2(1), item 1b, RFees).

GL A IV 1.3.1 Where and how to file a divisional application?

A divisional application must be filed by delivery by hand, by postal services or by fax with the EPO in Munich, The Hague or Berlin.

GL A IV 1.3 Filing a divisional application

1.3.1 Where and how to file a divisional application?

1.3.2 Request for grant

1.3.3 Language requirements

1.3.4 Designation of contracting states

1.3.5 Extension and validation states

GL A IV 1.2.2 Priority claim of a divisional application

A priority claimed in the parent application also applies to the divisional application, provided that the parent application's priority claim has not been lost or withdrawn by the date the divisional application is filed; it is not necessary to claim it formally a second time. The priority claim can be withdrawn in respect of the divisional application (F‑VI, 3.5; E‑VIII, 8.2 and E‑VIII, 8.3).

GL A IV 1.2.1 Date of filing

A European divisional application may be filed in respect of subject-matter which does not extend beyond the content of the parent application as filed.

GL A IV 1.2 Date of filing of a divisional application; claiming priority

1.2.1 Date of filing

1.2.2 Priority claim of a divisional application

GL A IV 1.4 Fees

GL A IV 1.3.5 Extension and validation states