1.3.1
Where and how to file a divisional application? 

A divisional application must be filed by delivery by hand, by postal services or by fax with the EPO in Munich, The Hague or Berlin. It may also be filed using the EPO Online Filing software, the EPO case management system or the EPO Web-Form Filing service (see A-II, 1.2.2A‑II, 1.3).

The filing of a European divisional application with a national authority has no effect in law; the authority may however, as a service, forward the European divisional application to the EPO. If a competent national authority chooses to forward the application, it is not deemed received until the documents have reached the EPO.

The divisional application may be filed by reference to a previously filed application. The procedures are as provided for in Rule 40(1)(c), (2) and (3) (see A‑II, 4.1.3.1).

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