Questions tagged [divisional]

This tag should be applied to questions involving divisional patent applications or patents granted from divisional applications.

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How to check for EP divisional filings?

In the US, continuation applications of a given application can be checked for in the "Continuity Data" tab in PAIR. In the case of EPO, divisionals (the analogue of continuations) may be less common ...
user132162's user avatar
2 votes
1 answer
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Parent of a Divisional

I am wondering if a parent application of a divisional is ever granted by the USPTO if the divisional is granted. For example assume an inventor submits the parent A to the USPTO and is then ...
Dave's user avatar
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Do divisional, continuation, and continuation-in-part affect expiration dates for patents filed prior to June 8, 1995?

As noted in an answer regarding the expiration of US 5,618,582, the effective expiration date of the patent was calculated as: The patent application was filed on June 7, 1995 and issued on April ...
Parker's user avatar
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2 votes
2 answers
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Obligation to sign new declaration for new continuation application

I am named as an inventor on a patent that I assigned to company A 17 years ago. At the time, I was employed by a contracting firm, company B, which was under contract to company A. Some time after ...
pat's user avatar
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2 votes
0 answers
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Can you file a continuation immediately after filing an application?

If I have a disclosure that lacks unity of invention, I believe that I can file an application, wait for a restriction requirement, elect one set of claims and then file a divisional with the second ...
Keir Finlow-Bates's user avatar
1 vote
2 answers
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Divisional Application with broader claim in EPO

Let's say we have a claim includes preamble+A, B, C and D. Examiner says that claim is patentable. However, we also realized that preamble+D is also new and inventive. Can we file divisional patent ...
ASA's user avatar
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1 answer
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Risks of splitting invention into multiple patents?

There is a similarly-titled question that asks whether it is possible to split an invention into multiple patents. The question here is what are potential risks of doing so. Patents may potentially ...
user132162's user avatar
1 vote
2 answers
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Is it possible to patent something that was disclosed in a priority application?

I disclosed a feature in a priority application 2 years ago but it was not included in my finally pursued application. Now the priority and the pursued application have been published. Is it possible ...
PCT-user's user avatar
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1 vote
1 answer
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PCT application: when is the last chance to file divisional applications?

Overview: I have several related inventions in a slowly emerging industry. Goal of minimizing upfront cost: I'm trying to preserve an early priority date while minimizing/delaying upfront cost as ...
MrFu's user avatar
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1 vote
1 answer
196 views

Divisional, continuation or two separate applications?

I have two related but distinct inventions, which I have drafted one specification for. What is the best strategy: file the specification with two sets of claims (which will include more than 20 ...
Keir Finlow-Bates's user avatar
1 vote
1 answer
108 views

Do divisional applications have the same detailed description?

I read some patents, it seems they were divided from a single application as the detailed descriptions are the same. The question is, when an application is divided into multiple applications because ...
user2174870's user avatar
0 votes
1 answer
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How do divisional patent applications work?

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 ...
PCT-user's user avatar
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0 votes
2 answers
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How can I add onto my existing application in a signficant way?

I've filed an application that covers a certain subject matter. Since filing for that patent, I've developed a need to extend the specification to include further embodiments as well as an extension ...
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