How does a divisional application differ from a continuation-in-part application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. A divisional application discloses and claims only subject matter disclosed in the parent application, while a continuation-in-part (CIP) application may include new matter. The MPEP states: A continuation-in-part application should not be designated as a divisional application. The Court of Appeals for the Federal Circuit has concluded that the protection of the third sentence of 35 U.S.C. 121 does not extend to continuation-in-part applications, stating that ‘the protection afforded by section 121 to applications (or patents issued therefrom) filed as a result of a restriction requirement is limited to divisional applications.’ This means that divisional applications have certain protections against double patenting rejections that CIPs do not have. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Submission of Non-Patentability Material MPEP 2001.04 Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Materiality vs Reasonable Necessity for Disclosure MPEP 2005 Permitted Information Required for Examination Not Necessarily Material to Patentability MPEP 2005 Required Examiner May Require Assignee Information MPEP 2005 Permitted Examiner Can Require Drug Product Manufacturing Details MPEP 2005 Permitted Markup Required for Added Subject Matter in Continuation-In-Part Applications MPEP 704.11(a) Information Requirement Is Discretionary MPEP 704.11(b) Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? What happens i...