Rule 36⁵⁸
European divisional applications

(1)⁵⁹, ⁶⁰ The applicant may file a divisional application relating to any pending earlier European patent application. 

(2)⁶¹ A divisional application shall be filed in the language of the proceedings for the earlier application. If the latter was not in an official language of the European Patent Office, the divisional application may be filed in the language of the earlier application; a translation into the language of the proceedings for the earlier application shall then be filed within two months of the filing of the divisional application. The divisional application shall be filed with the European Patent Office in Munich, The Hague or Berlin. 

(3) The filing fee and search fee shall be paid within one month of filing the divisional application. If the filing fee or search fee is not paid in due time, the application shall be deemed to be withdrawn. 

(4)⁶² The designation fee shall be paid within six months of the date on which the European Patent Bulletin mentions the publication of the European search report drawn up in respect of the divisional application. Rule 39, paragraphs 2 and Rule 39, paragraphs 3, shall apply.

(5)⁶³ Rule 39, paragraph 2a, shall apply.