Divisional Patent Application

The main function of a patent is to protect an inventor’s property from being used by other people without the permission of the inventor. Patents are divided into 3 classifications: design, plant and utility. When a particular inverter applies for a patent, the application must cover at least one unique invention. A divisional patent application is based on a previous patent application from one of the three classifications of patents. A divisional patent mainly carves out a new and unique application of a particular invention.

What is a Divisional Patent?

The main uses of a patent is to provide protection for a person’s intellectual properties according to laws stated in the constitution. In order to receive a patent protection an inventor must submit a patent application that discusses their idea. Most people who make inventions are faced with challenges of choosing a good attorney to represent them in a patent claim case. With good basic knowledge of a divisional patent application, people can make reasonable claims that can be rewarded in a court of law.

If you want to claim a patent the first thing to do is to develop a pending idea into a specific product or process. All patent applications require detailed information and specific drawings on the products or processes. If a pending idea does not contain sufficient details the patent offices might reject your application and consider it not to be a genuine invention. To make a good patent claim consult with an attorney before doing a search. A qualified and experienced attorney can help you come up with great ideas that can make your patent have stronger claims and logic when submitted to the USPTO.

How to Apply

A detailed search, where by an attorney or inventor goes through technical journals, previous patents, and academic journals looking for similar inventions helps to prove the invention’s novelty. A good attorney uses an engineering software to draw inventions for several different view points. Using an engineering software helps to solidify the pending idea into a concrete drawing for inclusion in the final patent application process.
A divisional patent application includes new claims for an invention that has already been patented. You can also make a divisional patent application for a patent that is pending. Only inventors of an original invention can be able to file a divisional patent. The divisional patent should always contain identical drawings and specifications that are very similar to the patent application. The main difference between a patent application and a divisional patent application is the claims section. For even better protection, a single invention should be patented as many times as possible in order to cover all of it’s legitimately patentable claims. In order to make a good divisional patent always seek help from an attorney who will be able to review all previous patents and make a strong application for you. 

The patent laws require a divisional patent to have newer inventors from the original application. An affirmation must be filed to request certain omissions of some particular inventions of the original application. With good representation a divisional patent application can be successful if the right guidelines are used. Fill out the form on this page, and we will be able to connect you to a patent attorney that is able to directly address your concerns.

Online Patent Application