What is the significance of the ‘original disclosure’ in a divisional application?

What is the significance of the ‘original disclosure’ in a divisional application?

The ‘original disclosure’ is crucial in a divisional application because it defines the scope of what can be included in the divisional. According to MPEP 201.06:

‘The disclosure of a divisional application must be the same as the disclosure of the prior-filed application, i.e., the original disclosure of the parent or original nonprovisional application or provisional application.’

This means that no new matter can be added to a divisional application. The divisional must rely entirely on the content disclosed in the original parent application. This ensures that the divisional application doesn’t extend beyond the scope of what was initially invented and disclosed.

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