What are the filing requirements for a divisional application under 37 CFR 1.53(b)?

The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP:

‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112, including a claim or claims; (2) drawings, where necessary; and (3) the inventorship named on filing.’

Additionally, you must include:

• The appropriate filing fees
• An Application Data Sheet (ADS) specifying that the application is a divisional
• A proper benefit claim to the parent application

It’s important to note that while a new oath or declaration may not be required under 37 CFR 1.63(d), you must still comply with all other filing requirements.

For more information on Divisional application, visit: Divisional application.

For more information on drawings, visit: drawings.

For more information on filing requirements, visit: filing requirements.

For more information on inventorship, visit: inventorship.