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.
The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP:
‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112, including a claim or claims; (2) drawings, where necessary; and (3) the inventorship named on filing.’
Additionally, you must include:
- The appropriate filing fees
- An Application Data Sheet (ADS) specifying that the application is a divisional
- A proper benefit claim to the parent application
It’s important to note that while a new oath or declaration may not be required under 37 CFR 1.63(d), you must still comply with all other filing requirements.
For more information on Divisional application, visit: Divisional application.
For more information on drawings, visit: drawings.
For more information on filing requirements, visit: filing requirements.
For more information on inventorship, visit: inventorship.