Persons entitled to file a divisional application 

Only the applicant or, in the case of multiple applicants, all applicants on record on the earlier application may file a divisional application. This means that, in the case of a transfer of an application, a divisional application may only be filed by or on behalf of the new applicant applicant(s) if the transfer was duly registered and therefore effective vis-à-vis the EPO (Rule 22) at the filing date of the divisional application. A purported divisional application that is not filed in the name of the applicant applicant(s) of the parent application will not be processed as a European divisional application. The EPO will inform the applicant applicants by issuing a communication pursuant to Rule 112(1) (see A‑IV, 1.1).

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