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Guidelines for Examination

 
 
3.2
Excision of other inventions; filing divisional applications 

For inventions which the applicant has deleted in accordance with C-III, 3.1.1 or 3.1.2, the applicant may file divisional applications.

The filing of a divisional application is subject to the proviso that this is only possible if, when a divisional application is filed, the application being divided is still pending (see A-IV, 1.1.1.1) and at least one of the periods provided for under Rule 36(1)(a) and (b) has not yet expired (see A-IV, 1.1.1.2 and 1.1.1.3).

References

Rule 36