What is a divisional reissue application?

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 reissue application is a type of reissue application that is filed to pursue a separate and distinct invention from the original patent or parent reissue application. It may be filed in response to a restriction requirement in the parent reissue application or initiated by the applicant to pursue different groups of claims.

As stated in the MPEP:

37 CFR 1.176(b) permits the examiner to require restriction in a reissue application between the original claims of the patent and any newly added claims which are directed to a separate and distinct invention(s).

Divisional reissue applications allow applicants to pursue protection for inventions that were not fully covered in the original patent.