What is a divisional application in patent law?

A divisional application is a type of patent application that claims subject matter that is independent and distinct from that claimed in a prior application. It typically arises when an original application contains multiple inventions, and the Patent Office requires the applicant to restrict the claims to a single invention.

According to MPEP ¶ 2.01, a divisional application:

“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.”

To claim the benefit of the filing date of the prior application, applicants must comply with 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.

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