When is a divisional application typically filed?

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).

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: Divisional application