How does a divisional application differ from other continuing applications?
How does a divisional application differ from other continuing applications?
A divisional application is a unique type of continuing application that focuses on a distinct invention separated from a parent application. According to the MPEP:
A divisional application is one filed for an invention which has been disclosed and claimed, but not allowed, in a prior nonprovisional application or international application designating the United States. It is a later application for an independent and distinct invention carved out of a pending application.(MPEP 201.02)
Key differences of a divisional application include:
- It is filed in response to a restriction requirement in the parent application
- It claims only subject matter that was disclosed but not claimed in the parent application
- It does not add new matter
- It allows the applicant to pursue protection for inventions that were deemed distinct in the original application
Unlike continuations or CIPs, divisional applications are specifically for pursuing separate inventions identified during the examination of the parent application.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure