What is the definition of a divisional application according to the MPEP?
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.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure