5.18.001One 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.
The divisional application must be filed in the language of the proceedings of the earlier (parent) application. Alternatively, if the earlier application was filed in a language other than an EPO official language, the divisional application may be filed in that language. In this case, a translation into the language of the proceedings of the earlier application must be filed within two months of the filing of the divisional application.