Can a divisional application be filed after the parent application is abandoned?

Can a divisional application be filed after the parent application is abandoned?

Yes, a divisional application can be filed after the parent application is abandoned, as long as certain conditions are met. The MPEP 201.06 states:

“A divisional application may be filed after abandonment of the parent application, provided the parent application is not relied upon for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c) in an application whose effective filing date is on or after March 16, 2013.”

This means that you can file a divisional application even if the parent application has been abandoned. However, it’s crucial to note that if you want to claim the benefit of the parent application’s filing date, and the effective filing date of your divisional application is on or after March 16, 2013, the parent application must not have been abandoned at the time of filing the divisional.

It’s important to consult with a patent attorney to ensure compliance with all requirements when filing a divisional application, especially in cases involving abandoned parent applications.

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For more information on effective filing date, visit: effective filing date.