1.1 General remarks 

A divisional application may be filed subsequent to the filing of a European patent application or on a Euro-PCT application's entry into the European phase. The divisional application is accorded the same filing date as the parent application, which must be pending when the divisional application is filed (A‑IV, 1.1.1), and benefits from any right of priority of the parent application in respect of subject-matter contained in the divisional application. A European patent application may give rise to more than one divisional application, and a divisional application may itself give rise to one or more divisional applications.

Divisional applications are to be treated the same as ordinary applications and are subject to the same requirements unless specific EPC provisions, in particular Art. 76 or Rule 36, require something different (G 1/05, G 1/06).

Furthermore, as soon as the requirements of Rule 36 and Art. 76(1) are fulfilled, the proceedings for grant of a divisional application become separate and independent from the proceedings concerning the parent application (G 4/98). Pending opposition or appeal proceedings concerning the parent application (or any member of that family of applications) do not constitute grounds for staying the examination proceedings for a divisional application, either by the EPO on its own initiative or on request. Reasons for a stay or interruption of proceedings are set out in E‑VII, 1 to E‑VII, 3.