Can a divisional application claim priority to its parent application?

Yes, a divisional application can claim priority to its parent application. This is one of the key benefits of filing a divisional application. According to MPEP 201.06:

‘A divisional application is entitled to the benefit of the filing date of the prior application.’

This means that the divisional application:

• Retains the priority date of the parent application for the subject matter disclosed in the parent
• Can claim the benefit under 35 U.S.C. 120 or 365(c)
• Must include a specific reference to the parent application in its application data sheet (ADS)

It’s important to note that the divisional application must be filed while the parent application is still pending to claim this benefit.

For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.

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

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