A divisional application must be filed by delivery by hand, by post 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, 182). 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 the earlier application from which it derives (the parent application). The procedures are as provided for in Rule 40(1)(c), Rule 40(2) and Rule 40(3) (see A-II, 22.214.171.124). 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 European application or an international one 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.