Divisional Application: Key Insights into Patent Applications
Definition & Meaning
A divisional application is a type of patent application that is based on the same disclosure as an original (or parent) application but claims a different invention. Patent law typically allows only one invention to be claimed in a single application. If an application includes multiple inventions, the applicant may be required to elect one invention for prosecution. The other inventions can then be pursued through a divisional application, which retains the same filing date as the original application. Divisional applications are also referred to as restricted applications.
Legal Use & context
Divisional applications are primarily used in patent law. They allow applicants to protect multiple inventions that arise from a single original application. This process is crucial in intellectual property law, particularly for inventors and businesses looking to secure their innovations. Users can manage this process using legal templates available through resources like US Legal Forms, which provide guidance on filing and related procedures.
Real-world examples
Here are a couple of examples of abatement:
Example 1: An inventor files a patent application for a new type of bicycle. During the review process, they realize they also have a unique design for a bicycle helmet that is related to the bicycle invention. They can file a divisional application for the helmet design.
Example 2: A company submits a patent application for a new software algorithm. If the application includes additional features that are distinct but related, the company may file a divisional application to cover those features. (hypothetical example)