What is a divisional reissue application?

A divisional reissue application is a type of reissue application that is filed to pursue a separate and distinct invention from the original patent or parent reissue application. It may be filed in response to a restriction requirement in the parent reissue application or initiated by the applicant to pursue different groups of claims.

As stated in the MPEP:

37 CFR 1.176(b) permits the examiner to require restriction in a reissue application between the original claims of the patent and any newly added claims which are directed to a separate and distinct invention(s).

Divisional reissue applications allow applicants to pursue protection for inventions that were not fully covered in the original patent.

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Tags: divisional reissue, Restriction Requirement, separate inventions