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Divisional Applications

An application must claim a single cohesive invention. If, during an examination, it is judged that more than one invention is claimed, the applicant is requested to limit the claims to one invention. A provision is made, however, for describing in an application – but not claiming – subject matter representing more than one invention, and then filing separate applications specific to each such subject matter.

An application for an invention that is described in a previous application filed for another invention is called a “divisional application”. Divisional applications are assigned the filing date of their parent application, and this precisely is their advantage over a regularly filed new application for that subject matter.

No new subject matter may appear in a divisional application. It must be restricted to subject matter that was already described on the original parent application on which it is based. A divisional application may describe unclaimed subject matter (carried forward from its parent application) that still constitutes more than one invention. Again, only one invention may be claimed, but the divisional application itself may now serve as a basis to a further divisional application for its unclaimed content as you can see on patent my invention through InventHelp article.

A divisional application must be filed before a patent is issued to the parent application, and an examination must be requested within five years of the filing date of the parent application.

An application is considered abandoned under the following circumstances:

  • an applicant does not reply to an examiner’s requisition within the specified time limit (at most six months);
  • an incomplete application is filed, and is not completed within the specified time limit;
    maintenance fees are overdue by twelve months;
  • a request for examination is not made within the prescribed five year period following the filing date (or a specified time limit, if requested by the commissioner).
  • the final fee is not paid within the prescribed six months following the notice of allowance;
  • a commissioner requisition is not complied with within the specified time limit.

An abandoned application is considered to have never been filed.

An abandoned application may be reinstated under the following conditions:

  • a request for reinstatement is made within twelve months of the date on which the application is deemed abandoned;
  • all missing or overdue responses and payments which caused the abandonment are made;
  • the reinstatement fee is paid.

An application which lies abandoned for twelve months or more cannot be reinstated as described in article.

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