What is a divisional patent application?
A divisional patent application is an application claiming priority from some previously filed patent application (called a “parent application”) in which more than one invention was disclosed. The divisional application has claims directed to a different invention than that claimed in the parent application. The most common way that this happens is that the Patent Office rules that your application contains more than one invention, communicating this in what is called a “restriction requirement”. The applicant then elects to pursue one of the inventions in that application (the “parent application”), and optionally submits a “divisional application” containing the claims regarding another of the inventions. The divisional application is entitled to the filing date of the parent application as its priority date. It is not uncommon to receive a restriction requirement identifying several inventions, leading to several divisional applications and several issued patents. Under GATT, if th
