A divisional patent application is the division of one patent application into several. The conditions for filing a Eurasian divisional application for inventions are determined by the Patent Regulations to the Eurasian Patent Convention, which states that the applicant specified in the initial application or another person after registration with the Eurasian Patent Office of the transfer of rights to the initial application can file it if the initial application contains a group of other inventions
A divisional application can be filed only in respect of those inventions that were specified in the original Eurasian application, indicating the priority date of the original Eurasian application from which it was divided.
Maintaining priority under a divisional application is possible, but only if the priority under the original application has not been lost, rejected, or the applicant has not previously renounced it.
The basis for filing a divisional Eurasian application can be an international application filed under the PCT (Patent Cooperation Treaty) procedure and transferred to the regional stage of consideration by the Eurasian Patent Office. This is possible only if, on the date of its receipt, the initial Eurasian application has not been withdrawn or its filing was made before the date of registration of the Eurasian patent under the original application.
A divisional Eurasian application is subject to the general requirements of the Patent Regulations regarding its preparation, execution, payment of fees or provision of various benefits.
