Editing Divisional patent application (section)

===European Patent Convention===
{{main|Divisional applications under the European Patent Convention}}
Before the [[European Patent Organisation|European Patent Office]] (EPO), divisional applications can be filed under {{EPC Article|76}}. A European divisional application is a new application which is separate and independent from the parent application unless specific provisions in the [[European Patent Convention]] (EPC) require something different.<ref>[https://web.archive.org/web/20070929134559/http://legal.european-patent-office.org/dg3/pdf/g000105.pdf Decision G 1/05 of the Enlarged Board of Appeal of the EPO], Reasons 3.1 and 8.1.</ref>
: "The procedure concerning the divisional application is in principle independent from the procedure concerning the parent application and the divisional application is treated as a new application... Although there are some connections between the two procedures (e.g. concerning time limits), actions (or omissions) occurring in the procedure concerning the parent application after the filing of the divisional application should not influence the procedure concerning the latter...."<ref>Opinion G 4/98 in point 5 of the Reasons, cited in [https://web.archive.org/web/20070929134559/http://legal.european-patent-office.org/dg3/pdf/g000105.pdf decision G 1/05 of the Enlarged Board of Appeal of the EPO], Reasons 8.1.</ref>

The practice relating to the filing of divisional applications under the EPC was clarified by the [[Appeal procedure before the European Patent Office|Enlarged Board of Appeal of the EPO]] in June 2007. The Board held that a divisional application which on filing contained subject-matter extending beyond the content of the earlier application as filed could be [[amendments under the European Patent Convention|amend]]ed later to remove the deficiency, even at a time when the earlier application is no longer pending.<ref>Decisions [[G 1/05 and G 1/06]] of the Enlarged Board of Appeal of the EPO.</ref>