What is the definition of a divisional application according to the MPEP?

A divisional application is defined in MPEP 201.06 as follows:

‘A later application for a distinct or independent invention, carved out of a pending application and disclosing and claiming only subject matter disclosed in the earlier or parent application, is known as a divisional application or ‘division.’

This definition highlights that a divisional application:

  • Is filed after an initial application
  • Focuses on a distinct invention
  • Only includes subject matter from the original application
  • Is ‘carved out’ of the pending parent application

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

For more information on patent application types, visit: patent application types.

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