For a divisional application to be validly filed, the parent application must be pending. An application is pending up to (but not including) the date on which the European Patent Bulletin mentions the grant of the patent (OJ 2/2002, 112). For further details, see A-IV, 1.1.1.

The mere deletion of subject-matter in the parent application is not prejudicial to the later filing of a divisional application. When deleting subject-matter, the applicant should, however, avoid any statements which could be interpreted as abandonment with substantive effect, thereby impeding the valid filing of a divisional application for that subject-matter (see also VI, 4.7, last paragraph).