What is the purpose of a divisional application under 37 CFR 1.53(b)?

What is the purpose of a divisional application under 37 CFR 1.53(b)?

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.

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