What is the significance of the filing date in a divisional application?

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.

The filing date of a divisional application is crucial for several reasons:

• Benefit of earlier filing date: A divisional application is entitled to the benefit of the filing date of the prior-filed application, as stated in MPEP 201.06(c): ‘A divisional application is entitled to the benefit of the filing date of the prior-filed application if filed before the patenting or abandonment of or termination of proceedings on the prior-filed application.’
• Prior art considerations: The earlier filing date can be used to overcome prior art references that might otherwise be applicable.
• Patent term calculations: The filing date may affect the calculation of the patent term.
• Priority claims: It establishes the basis for any priority claims to foreign applications.

It’s important to note that the divisional application must be filed while the parent application is still pending to claim the benefit of the earlier filing date.

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

For more information on patent term, visit: patent term.

For more information on prior art, visit: prior art.