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.