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Guidelines for Examination


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). If the request is deficient, as can arise if there is no indication that the application constitutes a divisional application, although some of the accompanying documents contain an indication to that effect, or if the number is missing, the deficiency may be corrected in the manner indicated in A‑III, 16.


Rule 41(2)(e)