FOR IP PROFESSIONALS

Divisional application

A divisional application is filed to divide a patent application (known as the parent application) into two or more applications.

You could file a divisional application to have some of the subject matter in the parent application protected by its own patent.

You could also consider filing a divisional application if our examination report says your application claims more than one invention.

A divisional application allows you to make a separate patent application and keep your priority rights from your parent application.

There are certain time limits within which divisional applications must be made, as well as restrictions on the scope of what can be claimed in the divisional application in relation to what is claimed in the parent application.

To file a divisional application, you must either be the applicant for the parent application or have the consent of the applicant for the parent application.

Get professional advice

Patent matters can involve complex legal issues and it may be in your best interests to consult a patent attorney, solicitor experienced in IP matters or your business adviser for specific assistance and advice.

Last Updated: 03/4/2014

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