What is the purpose of a divisional application in patent law?
What is the purpose of a divisional application in patent law? A divisional application is a type of patent application that allows an inventor to pursue protection for different aspects of an invention that were disclosed but not claimed in a parent application. According to MPEP 201.06: A later application for an independent or distinct…
Read MoreCan I file a divisional-continuation application?
Can I file a divisional-continuation application? Yes, you can file a divisional-continuation application, which is a hybrid type of continuing application. This type of application combines aspects of both divisional and continuation applications. According to MPEP 201.06(c): “The disclosure presented in a divisional application must not include any subject matter which would constitute new matter…
Read MoreWhat are the filing requirements for a divisional application under 37 CFR 1.53(b)?
The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP: ‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112,…
Read MoreHow does 37 CFR 1.63(d) relate to oath or declaration in a divisional application?
37 CFR 1.63(d) provides a simplified process for submitting an oath or declaration in a divisional application. The MPEP states: ’37 CFR 1.63(d) provides that a newly executed oath or declaration is not required in a continuation or divisional application filed by all or by fewer than all of the inventors named in a prior…
Read MoreWhat is a divisional application under 37 CFR 1.53(b)?
A divisional application under 37 CFR 1.53(b) is a type of continuation application that is filed to pursue a distinct invention that was disclosed but not claimed in a prior nonprovisional application. According to the MPEP: ‘A divisional application is often filed as a result of a restriction requirement made by the examiner.’ Divisional applications…
Read MoreWhat happens to applications filed under 37 CFR 1.62 before its deletion?
The MPEP clearly states: “All continuation, divisional and CIP applications filed under former 37 CFR 1.62 prior to December 1, 1997, will continue to be processed and examined under the procedures set forth in former 37 CFR 1.62.” This means that applications filed under the File Wrapper Continuing Procedure before its deletion will be processed…
Read MoreHow are continuation or divisional applications filed under former 37 CFR 1.62 treated after its deletion?
The treatment of continuation or divisional applications filed under former 37 CFR 1.62 depends on the filing date of the original application: For applications filed on or after June 8, 1995: “A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that…
Read MoreHow are continuation-in-part (CIP) applications filed under former 37 CFR 1.62 treated after its deletion?
For continuation-in-part (CIP) applications, the MPEP states: “A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application… will be treated as an improper application.” This means that after the deletion of 37 CFR 1.62, CIP applications can no longer be filed using the former File Wrapper…
Read MoreWhere can I find information about the former 37 CFR 1.60 procedures?
For those interested in the historical procedures under former 37 CFR 1.60, the MPEP provides guidance: For more information pertaining to practice and procedure under former 37 CFR 1.60, see MPEP § 201.06(a) in the MPEP 8th Edition, Rev. 1 (February 2003)(available on the USPTO website at www.uspto.gov/web/offices/pac/mpep/mpep.htm). This archived version of the MPEP contains…
Read MoreWhat happens to applications filed under 37 CFR 1.60 before December 1, 1997?
The MPEP clearly states that All continuation and divisional applications filed under 37 CFR 1.60 prior to December 1, 1997 will continue to be processed and examined under the procedures set forth in former 37 CFR 1.60. This means that if you filed a continuation or divisional application before the rule change, your application will…
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