What is the difference between a continuation and a divisional application?

A continuation application and a divisional application are both types of continuing applications, but they serve different purposes:

• Continuation application: Used to pursue additional claims to an invention disclosed in a prior application. It contains the same disclosure as the parent application.
• Divisional application: Used to pursue claims to an invention that was disclosed but not claimed in a prior application. It typically results from a restriction requirement in the parent application.

As stated in MPEP 201.07: “A continuation application is an application for the invention(s) disclosed in a prior-filed copending nonprovisional application, international application designating the United States, or international design application designating the United States.” In contrast, a divisional application focuses on a distinct invention that was not claimed in the parent application.

To learn more:

• continuation application
• divisional application
• continuing applications
• patent applications