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.
A divisional application under 37 CFR 1.53(b) serves to pursue claims to a distinct invention that was disclosed but not claimed in a parent application. According to the MPEP:
“A divisional application is often filed as a result of a restriction requirement made by the examiner.”
This allows inventors to protect multiple inventions that may have been included in a single original application but were deemed to be separate and distinct by the USPTO. Divisional applications maintain the benefit of the filing date of the parent application for the common subject matter.
For more information on Divisional application, visit: Divisional application.
For more information on patent filing, visit: patent filing.