What is the filing date of a divisional application?
What is the filing date of a divisional application?
A divisional application is entitled to the filing date of the parent application. According to MPEP 201.06, “A divisional application is entitled to the benefit of the filing date of the prior-filed application if filed as a nonprovisional application that discloses and claims only subject matter disclosed in the prior-filed (parent) application.” This means that the divisional application inherits the filing date of its parent application, provided it meets the necessary requirements.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure