What is the benefit of filing a divisional application?
Filing a divisional application allows an applicant to pursue protection for distinct inventions disclosed in a parent application. Key benefits include:
- Ability to claim different aspects or embodiments of the invention
- Potential for broader patent coverage
- Preservation of priority date for the disclosed subject matter
- Opportunity to pursue claims that may have been restricted in the parent application
The MPEP indicates: A divisional application is often filed as a result of a restriction requirement made by the examiner.
This suggests that divisional applications provide a way to pursue protection for inventions that were not elected in the parent application due to a restriction requirement.
For more information on Divisional application, visit: Divisional application.
For more information on patent strategy, visit: patent strategy.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure