One or more divisional applications can be filed for any earlier Euro-PCT application that is pending before the EPO as designated or elected Office. A Euro-PCT application is pending before the EPO as designated or elected Office, and a divisional application may be filed, once the applicant has fulfilled all the requirements for entering the European phase, either after expiry of the 31-month period under Rule 159(1) EPC
or on the day a request for early processing under Article 23(2)
or 40(2) PCT
has become effective.