What happens to the parent application when a divisional application is filed?

What happens to the parent application when a divisional application is filed?

When a divisional application is filed, the parent application continues to be prosecuted independently. The filing of a divisional application does not automatically affect the status or prosecution of the parent application.

As stated in MPEP 201.06: “The divisional application may be filed either while the original application is still pending or after it has been patented.” This means that:

• If the parent application is pending, it remains pending and continues through the examination process.
• If the parent application has already been granted as a patent, it remains a valid patent.

It’s important to note that while the divisional application is independent, it must contain claims to a different invention than the parent application. The examiner will ensure that there is no double patenting between the parent and divisional applications.

Additionally, if the divisional application is filed in response to a restriction requirement in the parent application, the applicant should consider canceling the claims in the parent application that are now being pursued in the divisional to avoid potential issues with duplicate claims.

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

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

For more information on patent prosecution, visit: patent prosecution.