What is a divisional application under 37 CFR 1.53(b)?
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.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure