What happens if new matter is introduced in a divisional application?

Introducing new matter in a divisional application is not allowed and can have serious consequences. According to MPEP 201.06:

“A divisional application is a later application for an independent or distinct invention, carved out of a pending application and disclosing and claiming only subject matter disclosed in the earlier or parent application.”

This means that a divisional application must not contain any new matter beyond what was disclosed in the parent application. If new matter is introduced:

• The new matter will not be entitled to the benefit of the parent application’s filing date.
• Claims relying on the new matter may be rejected under 35 U.S.C. 112(a) for lack of written description or enablement.
• The application may lose its status as a proper divisional, potentially affecting its ability to overcome certain types of double patenting rejections.

To avoid these issues:

1. Carefully review the divisional application before filing to ensure it only contains subject matter from the parent application.
2. If new subject matter is necessary, consider filing it as a continuation-in-part (CIP) application instead of a divisional.
3. Consult with a patent attorney or agent to ensure compliance with MPEP guidelines.

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

For more information on new matter, visit: new matter.

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