divisional application

A patent application based on the same disclosure as the original application but claiming a different invention.

• If an examiner finds that a disclosure reveals two or more distinct inventions, the applicant must restrict the original application to claiming one of the inventions. A divisional application can then be filed on any nonelected invention, and it will keep the same filing date as the parent application. — Often shortened to divisional.

— Also termed restriction application. [Cases: Patents 109. C.J.S. Patents §§ 152–155.]

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