How does a voluntary divisional application affect the 35 U.S.C. 121 safe harbor?
How does a voluntary divisional application affect the 35 U.S.C. 121 safe harbor? A voluntary divisional application, which is not filed in response to a restriction requirement, does not benefit from the safe harbor provision of 35 U.S.C. 121. According to MPEP 804.01: “The U.S. Court of Appeals for the Federal Circuit has concluded that…
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