The EPO has changed its rules for filing Divisional applications.  Previously, Divisional applications could be filed from any pending European application.  Now, the deadline for filing voluntary divisional applications is 24 months from the date of the first official communication by the Examining Division.  Note that search reports and search opinions do not trigger the 24 month period because they are issued by the Search Division, not the Examination Division.  Also note that a new unity of invention objection establishes a new 24 month period for filing a divisional application.

 For pending applications for which the 24 month period has expired or expires before October 1, 2010, the deadline for filing a Divisional application will be extended to October 1, 2010.  We suggest you review any pending applications well before the October 1, 2010 deadline to allow enough time to prepare and file any desired divisional applications before the deadline. 

 For more information see EPO Rule 36(1).

 Also see EPO Rules