What is the relationship between a divisional application and its parent application?
What is the relationship between a divisional application and its parent application?
A divisional application is closely related to its parent application, as it stems from the same invention disclosure. According to MPEP 201.06, “A divisional application is 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.” This means that:
- The divisional application contains a subset of the subject matter from the parent application.
- It claims an independent or distinct invention from what is claimed in the parent application.
- It cannot introduce new matter beyond what was disclosed in the parent application.
- It can claim the benefit of the parent application’s filing date.
The relationship allows for separate prosecution of different aspects of an invention while maintaining the priority date of the original disclosure.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure