GL A IV 1.1.3 Persons entitled to file a divisional application

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.

GL A IV 1.1.2 Sequences of divisional applications

A divisional application can also be an earlier application in the sense of Art. 76(1) for the purposes of one or more further divisional applications.

GL A IV 1.1.1 Pendency of the earlier application

The parent application must be pending when a divisional application is filed. Reference is made in this regard to the observations made in decisions G 1/09 and J 18/09 as to what constitutes a pending application.

GL A IV 1.1 General remarks

A divisional application may be filed relating to any pending earlier European patent application. A divisional application filed on the same day as the parent application is not considered as validly filed. The term "earlier application" is understood to mean an application filed at least one day before the divisional application and refers to the immediate application on which the divisional application is based ("parent application").

GL A IV 1 European divisional applications (see also C‑IX, 1 )

1.1 General remarks

1.2 Date of filing of a divisional application; claiming priority

1.3 Filing a divisional application

1.4 Fees

1.5 Designation of the inventor

1.6 Authorisations

GL A IV – Special provisions

1. European divisional applications (see also C‑IX, 1)

2. Art. 61 applications and stay of proceedings under Rule 14

3. Display at an exhibition

4. Applications relating to biological material

5. Applications relating to nucleotide and amino acid sequences

GL A III 16.2 Period allowed for remedying deficiencies

The period for remedying the following deficiencies is two months from a communication pointing them out according to Rule 58:[Rule 58; ]

(i)non-appointment of a representative where the applicant has neither residence nor principal place of business in a contracting state - see A‑III, 2, (regarding failure t

GL A III 16.1 Procedure formalities officer

Where, during the examination for compliance with the requirements set out in earlier sections of this Chapter, it is noted that there are deficiencies which may be corrected, the formalities officer must give the applicant the opportunity to rectify each such deficiency within a specified period.

GL A III 16 Correction of deficiencies

16.1 Procedure formalities officer

16.2 Period allowed for remedying deficiencies

GL A III 15 Late filing of claims

For the purposes of obtaining a date of filing it is not necessary for the European application to contain any claims.