MPEP Q & A 33: What is a Divisional Application?

Divisional Application?


What is a divisional application?


A divisional application is a later application for an independent or distinct invention, carved out of a nonprovisional application (including a nonprovisional application resulting from an international application or international design application), an international application designating the United States, or an international design application designating the United States and disclosing and claiming only subject matter disclosed in the earlier or parent application.

Chapter Details:

The answer to this question can be found in chapter 200 of the MPEP. This chapter covers Types, Cross-Noting, and Status of Application.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 201.06 of the MPEP.  The following is a brief summary of section 201.06.

201.06   Divisional Application

This section describes divisional applications which cover instances when an inventor initially tries to patent an invention that is actually two or more separate inventions. In this instance, he or she will be required to cut out some of the claims from the original patent application. If he or she still wants to patent the invention(s) that were cut out, a separate application called a divisional application should be filed. The divisional application will have the same filing date as the original (now known as the parent) application.

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