What is a divisional application under 37 CFR 1.53(b)?

A divisional application under 37 CFR 1.53(b) is a type of continuation application that is filed to pursue a distinct invention that was disclosed but not claimed in a prior nonprovisional application. According to the MPEP:

‘A divisional application is often filed as a result of a restriction requirement made by the examiner.’

Divisional applications allow inventors to protect multiple inventions disclosed in a single parent application by filing separate applications for each invention.

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

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

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: continuation application, Divisional application