Can a divisional application include new matter?

No, a divisional application cannot include new matter that was not disclosed in the parent application. The MPEP 201.06 clearly states:

‘A divisional application is a later application for an independent or distinct invention, carved out of a prior application and disclosing and claiming only subject matter disclosed in the prior application.’

This means:

• The divisional application must be limited to the subject matter disclosed in the parent application
• No new matter can be added to the divisional application
• The claims in the divisional must be supported by the disclosure of the parent application

If an applicant wishes to add new matter, they should consider filing a continuation-in-part (CIP) application instead of a divisional. For more information on new matter, refer to MPEP 2163.

To learn more:

• divisional application
• new matter
• continuation-in-part
• CIP
• patent disclosure