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. It may also be filed using the EPO Online Filing software (Art. 5 of the Decision of the President dated 26 February 2009, OJ EPO 2009, 1825 February 2015, OJ EPO 2015, A26), the EPO case management system (see Decision of the President dated 10 September 2014, OJ EPO 2014, A9711 March 2015, OJ EPO 2015, A27) or the EPO web-form filing service (see Decision of the President dated 10 September 2014, OJ EPO 2014, A98).

The filing of a European divisional application with a national authority has no effect in law; the authority may however, as a service, forward the European divisional application to the EPO. If a competent national authority chooses to forward the application, it is not deemed received until the documents are filed at the EPO.

The divisional application may be filed by reference to a previously filed application, this being the earlier (parent) application from which it derives. The procedures are as provided for in Rule 40(1)(c), (2) and (3) (see A‑II, 4.1.3.1). It will not be necessary for the applicant to file a copy or translation of the previous (parent) application according to Rule 40(3), provided that the parent application was a Euro-direct application or an international application filed with the EPO as receiving Office under the PCT, since these will already be available to the EPO in the file of the previous (parent) application. If the parent application was a Euro-PCT application filed under the PCT at a receiving Office other than the EPO, a certified copy will be required.

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