What is the filing date requirement for a divisional application?

What is the filing date requirement for a divisional application?

A divisional application must be filed before the patenting or abandonment of or termination of proceedings on the original application or on an earlier-filed divisional application directed to the same elected invention. The MPEP states:

“A divisional application is often filed as a result of a restriction requirement made by the examiner. The divisional application may be filed under 37 CFR 1.53(b) (or 1.53(d) if the application is a design application) before the patenting or abandonment of or termination of proceedings on the original application or on an earlier-filed divisional application directed to the same elected invention.”

This means that the divisional application must be filed while the parent application is still pending, ensuring continuity in the examination process.

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