Can I file a divisional-continuation application after my parent application has been patented?

Can I file a divisional-continuation application after my parent application has been patented?

No, you cannot file a divisional-continuation application after your parent application has been patented. According to MPEP 201.06(c):

“The divisional application must be filed before the patenting or abandonment of or termination of proceedings on the prior application.”

This means that the window for filing a divisional-continuation application closes when the parent application is either:

  • Granted a patent
  • Abandoned
  • Proceedings are terminated

If you wish to pursue additional claims or inventions after your patent has been granted, you may need to consider other options, such as filing a reissue application or a new continuation-in-part application, depending on the specific circumstances and the nature of the new subject matter.

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

For more information on patent grant, visit: patent grant.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: parent application, patent grant