Is it possible to file a divisional patent for an embodiment briefly described in a granted (own) patent which does not have a specific claim for that embodiment? Is there a time limit that you can do that? And can you add more information about the embodiment in the divisional patent?

  • Please search this site with the term “divisional”. There are quite a few related questions and answers.
    – Eric S
    Feb 4, 2021 at 12:24

1 Answer 1


The original application must still be pending when the divisional application is filed and no new matter can be added. The purpose is to claim something already disclosed but not yet claimed.

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