How does a divisional application affect the patent term?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 9 Rules 5 Related FAQs 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 does not extend the patent term beyond that of the parent application. The term of a patent issuing from a divisional application is calculated from the filing date of the earliest application for which a benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c), excluding any benefit claims to provisional applications. This means that while you can pursue additional patent protection through a divisional application, you don’t get extra time beyond the original 20-year term from the earliest non-provisional filing date. It’s important to note that patent term adjustments may apply independently to divisional applications based on delays in their own prosecution. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Materiality vs Reasonable Necessity for Disclosure MPEP 2005 Permitted Information Required for Examination Not Necessarily Material to Patentability MPEP 2005 Required Examiner May Require Assignee Information MPEP 2005 Permitted Examiner Can Require Drug Product Manufacturing Details MPEP 2005 Permitted Requirement for Submission of Non-Patentability Material MPEP 2001.04 Petitions Do Not Extend Reply Period for 37 CFR 1.105 Requirement MPEP 704.14(c) Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? What happens if an international application designating the US is withdrawn? How does an international application designating the US affect be...