1.3.4 Designation of contracting states 

All contracting states designated in the earlier application at the time of filing a European divisional application are deemed designated in the divisional application (see also G 4/98). If no designations have been withdrawn in respect of the parent application, then all states party to the EPC at the date of the parent's filing are automatically designated in the divisional application when filed. Conversely, contracting states that have had their designation withdrawn in respect of the parent application at the time of filing the divisional application, cannot be designated in respect of the divisional application.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 provisions of Rule 39(2a) concerning the deemed withdrawal of the designation of those contracting states that are Member States of the European Union also apply to divisional applications (see Rule 36(5)) where the applicant or one of the applicants is a Russian national, a natural person residing in Russia or a legal person, entity or body established in Russia (see A‑III, 11.2.4).

If the parent application was filed before 1 April 2009 and the time limit for paying the designation fees has not yet expired for the parent application when the divisional application is filed, and no designations have been withdrawn in respect of the parent application, then all states party to the EPC at the parent's date of filing of the parent date are automatically designated in the divisional application when it is filed. Conversely, contracting states that have had their designation withdrawn or deemed withdrawn in respect of the parent application at the time of filing the divisional application, cannot be designated in respect of the divisional application.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 flat designation fee payable for divisional applications filed on or after 1 April 2009 does not cover contracting states that have had their designation withdrawn or deemed withdrawn at the time of filing the divisional application.