How does a divisional application differ from other continuing applications?
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 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.