What happens if a divisional application is filed after the parent application is patented or abandoned?
What happens if a divisional application is filed after the parent application is patented or abandoned?
If a divisional application is filed after the parent application has been patented or abandoned, it will not be entitled to the benefit of the parent application’s filing date. The MPEP states:
Filing a divisional application after the parent application has been patented or abandoned means:
- The application will not be considered a proper divisional application
- It will not receive the benefit of the parent application’s filing date
- It may be treated as a new, independent application
- Prior art that was not applicable to the parent application may now be applicable
- The application may face potential statutory bars under 35 U.S.C. 102
To avoid these issues, it’s crucial to file divisional applications before the patenting, abandonment, or termination of proceedings on the parent application.
For more information on Divisional application, visit: Divisional application.
For more information on late filing, visit: late filing.
For more information on patent procedure, visit: patent procedure.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure