What are the requirements for an application to be considered a divisional?

For an application to be considered a divisional, it must meet several requirements as outlined in MPEP ¶ 2.01:

1. It must disclose and claim only subject matter disclosed in the prior application.
2. It must claim subject matter that is independent and distinct from that claimed in the prior application.
3. It must name the inventor or at least one joint inventor named in the prior application.

The MPEP states:

This application, which discloses and claims only subject matter disclosed in prior Application No.[1], filed [2], appears to claim only subject matter directed to an invention that is independent and distinct from that claimed in the prior application, and names the inventor or at least one joint inventor named in the prior application.

Meeting these requirements helps ensure that the divisional application is properly derived from the prior application while claiming a distinct invention.

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

For more information on USPTO, visit: USPTO.