What is the purpose of filing a divisional application during an interference?

Filing a divisional application during an interference can serve as a strategic move to manage claims that may be affected by the interference while allowing other claims to proceed. The MPEP 2307.03 suggests this approach as a way to minimize the impact of suspension on patent term adjustment:

“The applicant may then file a divisional application with the interfering claims, which may be suspended.”

The purpose of filing a divisional application in this context includes:

  • Separating interfering claims from non-interfering claims
  • Allowing non-interfering claims to proceed to issuance
  • Preserving patent term for non-interfering claims
  • Maintaining the option to pursue interfering claims later

This strategy aligns with the MPEP’s guidance on using restriction requirements:

“For instance, the examiner could require restriction in accordance with 35 U.S.C. 121, of the application to only the claims that do not interfere so that they can be issued.”

By filing a divisional application, applicants can effectively manage their patent portfolio while navigating the complexities of an interference proceeding.

To learn more:

Topics: MPEP 2300 - Interference And Derivation Proceedings, MPEP 2307.03 - Suspension Of Related Examinations, Patent Law, Patent Procedure
Tags: Claim Management, Divisional application, Interference Proceedings, Patent Term Preservation