What is the relationship between a divisional application and a restriction requirement?
What is the relationship between a divisional application and a restriction requirement?
A divisional application is often filed in response to a restriction requirement issued by the USPTO. The MPEP 201.06 explains:
“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.'”
The relationship between a divisional application and a restriction requirement is as follows:
- When an examiner determines that a single application contains two or more independent or distinct inventions, they may issue a restriction requirement.
- The applicant must then elect one invention to pursue in the original application.
- The non-elected invention(s) can be pursued in one or more divisional applications.
- Divisional applications allow applicants to protect multiple inventions disclosed in a single parent application without violating the principle of double patenting.
It’s important to note that while divisional applications are often filed in response to restriction requirements, they can also be filed voluntarily if the applicant recognizes distinct inventions in their application before receiving a restriction requirement.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure