Divisional patent application
From Wikipedia, the free encyclopedia
A divisional patent application (sometimes referred to as a divisional application or simply a divisional) is a type of patent application which contains matter from a previously-filed application (the "parent" application). Whilst a divisonal application is filed later than the parent application, it may retain its parent's filing date, and will generally claim the same priority. Divisional applications are generally used in cases where the parent application may lack unity of invention; that is, the parent application describes more than one invention and the applicant is required to split the parent into one or more divisonal applications each claiming only a single invention. The ability to file divisional applications in cases of lack of unity of invention is required by Article 4G of the Paris Convention. [1]
Contents |
[edit] Practice by jurisdiction
The practice and procedure of filing a divisional patent application varies from jurisdiction to jurisdiction.
[edit] United States
In the United States, a divisional application is seen as a type of continuing patent application.
[edit] European Patent Office
Before the European Patent Office, divisional applications can be filed under Article 76 EPC. However, the rules on when a divisional application can be filed are subject to a recent referral to the Enlarged Board of Appeal of the European Patent Office. [2]
