When is a divisional application typically filed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 9 Rules 5 Related FAQs 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. A divisional application is often filed in response to a restriction requirement made by the patent examiner. As stated in the MPEP: A divisional application is often filed as a result of a restriction requirement made by the examiner. When an examiner determines that an application contains multiple independent and distinct inventions, they may issue a restriction requirement. The applicant can then elect one invention to pursue in the original application and file a divisional application to pursue the non-elected invention(s). Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Requirement for Submission of Non-Patentability Material MPEP 2001.04 Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Materiality vs Reasonable Necessity for Disclosure MPEP 2005 Permitted Information Required for Examination Not Necessarily Material to Patentability MPEP 2005 Required Examiner May Require Assignee Information MPEP 2005 Permitted Examiner Can Require Drug Product Manufacturing Details MPEP 2005 Permitted Examiner Determines Search Strategy With Consultations MPEP 904.02 Recommended Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? What happens if an international application designating the US is withdrawn? How does an international application designating the US affect benefit claims? Can an international application be used as a basis for priority in a U.S. national application? What happens if an international application designating ...