1.1 General remarks
1.1.3 Persons entitled to file a divisional application
A revised version of this publication entered into force. |
Only the applicant or, in the case of multiple applicants, all applicants on record of the earlier application may file a divisional application. In the case of multiple applicants, a divisional application may only be filed jointly by all applicants on record. 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(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 (jointly) filed in the name of the applicant(s) of the parent application will not be processed as a European divisional application. The EPO will inform applicants by issuing a communication pursuant to Rule 112(1) (see A‑IV, 1.1).