The ability to file divisional applications in cases of lack of unity of invention is required by Article 4G of the Paris Convention.
[3] Before the European Patent Office (EPO), divisional applications can be filed under Article 76 EPC.
[4] The practice relating to the filing of divisional applications under the EPC was clarified by the Enlarged Board of Appeal of the EPO in June 2007.
[7] In many non-U.S. jurisdictions, however, the term “divisional” is often used more broadly to refer to continuing applications in general, encompassing concepts that may differ from the U.S. definition.
[7] A restriction requirement may be issued if two or more independent and distinct inventions are claimed in a single application.