This tag should be applied to questions involving divisional patent applications or patents granted from divisional applications.
A later application for a distinct or independent invention, carved out of a pending application and disclosing and claiming only subject matter disclosed in the earlier or parent application, is known as a divisional application or “division”. The divisional application should set forth the portion of the earlier disclosure that is germane to the invention as claimed in the divisional application.
An application filed under 35 U.S.C. 120, 121, or 365(c) will have its term calculated from the date on which the earliest application was filed, provided a specific reference is made to the earlier filed application(s), 35 U.S.C. 154(a)(2) and (a)(3).