What are the key characteristics of a divisional application?

A divisional application has several key characteristics as outlined in MPEP ¶ 2.01:

1. Independent and Distinct Subject Matter: It ‘appears to claim only subject matter directed to an invention that is independent and distinct from that claimed in the prior application.’
2. Disclosure in Prior Application: It ‘discloses and claims only subject matter disclosed in prior Application No.[1],filed[2].’
3. Inventor Continuity: It ‘names the inventor or at least one joint inventor named in the prior application.’
4. Potential Benefit Claim: It may claim the benefit of the filing date of the prior application, subject to meeting certain requirements.

These characteristics ensure that divisional applications properly separate distinct inventions while maintaining a connection to the original disclosure and inventorship.

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