This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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.