Can I file a divisional-continuation application?
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.
Yes, you can file a divisional-continuation application, which is a hybrid type of continuing application. This type of application combines aspects of both divisional and continuation applications.
According to MPEP 201.06(c): “The disclosure presented in a divisional application must not include any subject matter which would constitute new matter if submitted as an amendment to the parent application.” However, a divisional-continuation can include both claims to a distinct invention (like a divisional) and additional claims to the invention disclosed in the parent (like a continuation).
When filing such an application, it’s crucial to:
- Ensure that the claims are properly grouped
- Clearly indicate which claims are divisional and which are continuation
- Comply with all requirements for both divisional and continuation applications
Always consult with a patent attorney or agent to determine the best filing strategy for your specific situation.
For more information on continuing applications, visit: continuing applications.