9.1.2 Divisional applications

There is no provision in the PCT for filing divisional applications. One or more European divisional applications may be filed in accordance with Art. 76 in respect of subject-matter contained in a pending Euro-PCT application as earlier application, but not before that application has effectively entered the European phase (A‑IV, 1.1), i.e. not before the time limit under Rule 159(1) has expired (G 1/09, Reasons 3.2.5), and on condition that any requirement of Art. 22(1) PCT or Art. 39(1) PCT which must be fulfilled within that time limit for the application concerned is met (J 18/09). This means that divisional applications may be filed as from the date the applicant has filed an effective request for early processing.

The requirements of Rule 36 for filing a divisional application must be complied with (A‑IV, 1). The divisional application must be filed in the language specified in Rule 36(2) (A‑IV, 1.3.3).

To prevent the Euro-PCT application from being deemed withdrawn at the time a divisional application is filed, the various requirements of Rule 159(1) must be fulfilled within the relevant time limits.