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

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

Divisional applications and continuation applications are both types of continuing applications, but they serve different purposes. The MPEP 201.06 provides insight into the nature of divisional applications:

“A later application for an independent or distinct invention, carved out of a pending application and disclosing and claiming only subject matter disclosed in the earlier or parent application, is known as a divisional application or ‘division.'”

In contrast, a continuation application typically contains the same disclosure as the parent application but with different claims. The key differences are:

• Divisional Application: Filed to pursue distinct inventions that were subject to a restriction requirement in the parent application.
• Continuation Application: Filed to pursue additional aspects of the same invention disclosed in the parent application.

Both types of applications claim the benefit of the parent application’s filing date, but they differ in their purpose and the scope of claims they can contain. It’s important to choose the appropriate type of continuing application based on the specific circumstances and inventive concepts you wish to protect.

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

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