Divisional application

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

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

Reasons for filing a divisional application include:

  • having some of the subject matter in the parent application protected by its own patent
  • if our examination report says your application claims more than one invention.

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

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

Get professional advice

Patent processes can involve complex legal issues. It may be in your best interests to consult a patent attorney, solicitor or business adviser experienced in intellectual property.

Last updated: 
30 May 2016