VIII. Divisional applications - Guide for applicants: How to get a European patent, How to get – a European patent, D. The European patent grant procedure
Divisional applications 
The usual reason for filing a European divisional application is that the parent application does not satisfy the requirements as to unity of invention (see point 69) and the applicant is not content with limiting it.
A divisional application may be filed only for subject-matter which does not extend beyond the content of the parent application as filed. If it complies with this provision and with the formal requirements for according a date of filing (see point 136 et seq.), it is deemed to have the same date of filing and priority date as the parent application.
Art. 76(1), 2nd sentence
All the states designated in the parent application at the time of filing of the divisional application are deemed to be designated in the latter. However, contracting states the designations of which have been withdrawn or are deemed to be withdrawn in respect of the parent application at the time of filing the divisional application cannot be designated in respect of the divisional application. The same applies to extension and validation states. 
A divisional application may be filed in respect of any pending earlier European patent application. An application is pending up to (but not including) the date on which the European Patent Bulletin mentions the grant of the European patent or the date on which the application is finally refused, withdrawn or deemed to be withdrawn. Rule 134 does not apply in this case. After an application has been refused, a divisional application may be validly filed untill the expiry of the appeal period, regardless of whether an appeal has been filed or not.
Divisional applications must be filed direct with the EPO in Munich, The Hague or Berlin. They may also be filed in electronic form (see point 106). They must be filed in the language of the proceedings for the earlier (parent) application. If the parent application was not filed in the language of the proceedings, the divisional application may also be filed in the language of the parent application and a translation must be filed within two months.
For the fees payable in respect of a European divisional application, and also for the time limits for payment and the legal consequences of missing them, see points 119-122.
The search fee is refunded in full or in part, depending on the extent to which the search can be based on the search report for the parent (or, in the case of a sequence of applications, any preceding) application. 
If the divisional application is filed more than two years after the date of filing of the parent application, the applicant must pay outstanding renewal fees (see points 213-216) no more than four months after filing the divisional application. If these are not paid in due time, they may still be validly paid within six months of the due date, provided that the additional fee is paid within the time limit (see point 215).
After filing, each divisional application is treated as an independent patent application. 

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