Divisional patent application

What Exactly Is a Divisional Patent Application?

Imagine you have a big box full of different toys, but each toy belongs to a specific category. Now, what if you want to separate these toys into smaller boxes based on their type? That’s essentially what a divisional patent application does.

The Basics

A divisional patent application is like taking the contents of your big box (the parent application) and splitting it up into smaller, more manageable parts. Each part focuses on a single invention, ensuring that each one can be thoroughly examined by the patent office.

Why Split It Up?

The main reason for filing a divisional application is when your initial application (the parent) contains multiple inventions that don’t fit together under unity of invention. This means that if you try to claim all these inventions in one big application, it might get rejected because the examiner can’t handle them as a single unit. So, you split them up into smaller applications, each focusing on just one invention.

The Process and Procedure

Now, let’s talk about how this works in different parts of the world. In most countries, including the United States, divisional applications are allowed as long as the parent application is still pending (not yet granted).

In the European Patent Office, divisional applications are filed under Article 76 EPC and treated as new separate applications. This means that each divisional application starts its own journey through the examination process.

United States Specifics

In the United States, a divisional application is a specific type of continuing patent application. It only discloses and claims subject matter already disclosed in the parent application. Sometimes, this happens because an examiner issues a restriction requirement. This means that if you have multiple independent inventions in one application, the examiner might require you to split them into separate applications.

The Benefits of Divisional Applications

One big advantage of divisional applications is protection against double patenting rejections. Double patenting happens when two patents cover essentially the same invention. In the U.S., a divisional application can’t be rejected for double patenting if it’s based on the parent application, and any resulting patents won’t be invalidated due to double patenting grounds.

Creating a Cascade of Divisionals

It’s not uncommon for multiple divisional applications to be filed. If you file a new divisional on top of another one, it can create a cascade effect where each application is treated as its own separate entity. This process ensures that all your inventions get the attention they deserve.

The Takeaway

Divisional patent applications are like sorting out your toy box into smaller boxes for easier management and better organization. They help ensure that every invention gets a fair chance to be examined and protected, even if it means breaking up a big application into several smaller ones. So, the next time you find yourself with too many ideas in one application, consider splitting them up – just like sorting your toys!

By using divisional applications wisely, you can protect more of your inventions without worrying about double patenting or losing out on important details. It’s all about making sure each invention gets the attention it deserves.