What is a divisional application under 37 CFR 1.53(b)?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A divisional application under 37 CFR 1.53(b) is a type of continuation application that is filed to pursue a distinct invention that was disclosed but not claimed in a prior nonprovisional application. According to the MPEP:

‘A divisional application is often filed as a result of a restriction requirement made by the examiner.’

Divisional applications allow inventors to protect multiple inventions disclosed in a single parent application by filing separate applications for each invention.

For more information on continuation application, visit: continuation application.

For more information on Divisional application, visit: Divisional application.