What is the benefit of filing a divisional application?

Filing a divisional application allows an applicant to pursue protection for distinct inventions disclosed in a parent application. Key benefits include:

  • Ability to claim different aspects or embodiments of the invention
  • Potential for broader patent coverage
  • Preservation of priority date for the disclosed subject matter
  • Opportunity to pursue claims that may have been restricted in the parent application

The MPEP indicates: A divisional application is often filed as a result of a restriction requirement made by the examiner. This suggests that divisional applications provide a way to pursue protection for inventions that were not elected in the parent application due to a restriction requirement.

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

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

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