Can 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 if submitted as an amendment to the parent application.” However, a divisional-continuation can include both claims to a distinct invention (like a divisional) and additional claims to the invention disclosed in the parent (like a continuation).
When filing such an application, it’s crucial to:
- Ensure that the claims are properly grouped
- Clearly indicate which claims are divisional and which are continuation
- Comply with all requirements for both divisional and continuation applications
Always consult with a patent attorney or agent to determine the best filing strategy for your specific situation.
For more information on continuing applications, visit: continuing applications.