A divisional application is a patent procedure that allows an applicant to file secondary (divisional) patent applications based on an initial patent application for inventions that are not fully protected by the initial patent application. This procedure is used when a patent application discloses several inventions or when it is necessary to obtain independent protection for certain claims.
However, such a divisional application remains strictly limited to the original disclosure of the patent application, and it is therefore not possible to add new material to it.
Main aspects of the divisional application:
- Grounds:
A divisional application may be filed if the Office responsible for examining the patent application considers that the initial application contains several distinct inventions (lack of unity of invention) or if the applicant wishes to protect specific aspects of the invention separately.
- Preservation of rights:
The divisional application retains the filing date of the original application (and possibly the priority date), which is crucial for protecting the applicant’s rights against potential competitors.
- Procedure:
The divisional application must be filed before the examination procedure for the original application is completed (e.g., before the patent is granted or definitively rejected). Once filed, it is treated as a new patent application, but linked to the original application.
- Advantages:
It provides better protection for the various aspects of a complex invention and ensures compliance with Patent Office requirements in cases where the invention lacks unity.
In summary, a divisional application is a legal solution that allows one or more sub-parts of the initial application to be protected by additional patent applications, while retaining the advantages of that application. It is a strategic tool for companies and inventors in managing their intellectual property rights.