What is the benefit of filing a divisional application under 37 CFR 1.53(b)?

What is the benefit of filing a divisional application under 37 CFR 1.53(b)?

Filing a divisional application under 37 CFR 1.53(b) offers several benefits:

• It allows you to pursue claims to an invention that was not elected in a previous application due to a restriction requirement.
• You can file the divisional application without a new oath or declaration if you meet certain conditions.
• The divisional application can claim the benefit of the filing date of the prior application.

As stated in the MPEP: “A divisional application is often filed as a result of a restriction requirement made by the examiner.” This means you can protect additional aspects of your invention that weren’t covered in the original application.

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