How does a divisional application affect the patent term?
A divisional application does not extend the patent term beyond that of the parent application. The term of a patent issuing from a divisional application is calculated from the filing date of the earliest application for which a benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c), excluding any benefit claims to provisional applications.
This means that while you can pursue additional patent protection through a divisional application, you don’t get extra time beyond the original 20-year term from the earliest non-provisional filing date.
It’s important to note that patent term adjustments may apply independently to divisional applications based on delays in their own prosecution.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure