What is the definition of a divisional application according to the MPEP?

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 is defined in MPEP 201.06 as follows:

‘A later application for a distinct or independent invention, carved out of a pending application and disclosing and claiming only subject matter disclosed in the earlier or parent application, is known as a divisional application or ‘division.’

This definition highlights that a divisional application:

• Is filed after an initial application
• Focuses on a distinct invention
• Only includes subject matter from the original application
• Is ‘carved out’ of the pending parent application

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

For more information on patent application types, visit: patent application types.