When should a patent examiner use MPEP ¶ 2.01 form paragraph?

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.

Patent examiners should use the MPEP ¶ 2.01 form paragraph under specific circumstances. The MPEP provides the following guidance:

Examiner Note: […] 2. This form paragraph should only be used if it appears that the application may be a divisional, but a benefit claim has not been properly established.

This means examiners should use this paragraph when:

• The application appears to contain subject matter that is independent and distinct from a prior application
• The application seems to qualify as a divisional
• The applicant has not yet properly claimed the benefit of the prior application’s filing date

The form paragraph serves as a prompt for the applicant to properly establish the benefit claim if they intend the application to be a divisional.

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