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Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

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Here’s the complete FAQ:

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Can a provisional application be called a ‘divisional’ application?

No, a provisional application cannot be called a ‘divisional’ application. The MPEP ¶ 2.01 explicitly states:

An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘divisional’ of the prior application.

This means that while an application can claim the benefit of a provisional application’s filing date under 35 U.S.C. 119(e), it is not considered a divisional application. Divisional applications are specifically related to non-provisional applications and involve claiming independent and distinct inventions from a parent application.

For more information on 35 USC 119(e), visit: 35 USC 119(e).

For more information on Divisional application, visit: Divisional application.

For more information on provisional application, visit: provisional application.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: 35 USC 119(e), Divisional application, provisional application
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