What is the difference between a divisional and a continuation application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

While both divisional and continuation applications are types of continuing applications, they serve different purposes:

• Divisional Application: Filed to pursue claims to an invention that was not elected in a previous application due to a restriction requirement.
• Continuation Application: Filed to pursue additional claims to the same invention disclosed in the parent application.

The MPEP 201.06(c) states: “A divisional application is often filed as a result of a restriction requirement made by the examiner.” In contrast, a continuation typically doesn’t arise from a restriction requirement but rather from the applicant’s desire to pursue additional aspects of the same invention.

Both types can be filed under 37 CFR 1.53(b) and may claim the benefit of the parent application’s filing date.

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

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