divisional application

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Law› Intellectual Property

Patent

A divisional application is a separate patent application carved out of a prior pending application and discloses and claims only subject matter originally claimed in the prior application. The divisional application is entitled to a priority or filing date based upon the application from which it has been divided.

Only one invention may be claimed in a patent application. If the patent examiner determines that an application contains more than one invention the applicant will be asked to "elect" which invention will be prosecuted. The remaining invention(s) may then be prosecuted by means of a divisional application.

Law

Intellectual Property

a later application for an independent or distinct invention disclosing and claiming (only a portion of and) only subject matter disclosed in the earlier or parent application.

--see MPEP 201.06 for more

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