What is a utility divisional application?

When is a divisional application appropriate? The option to file a divisional application arises if an Examiner thinks that your patent application contains multiple inventions and thus issues a Restriction Requirement compelling you to pick one. A response to a Restriction Requirement must include an election of certain claims, thereby leaving non-elected claims to be […]

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What is a design patent divisional application?

Design patent divisional application: when do you need it? Though it does not happen often, a design patent application may occasionally be filed with multiple designs, known as embodiments. The hope of the applicant is that design application will issue with all designs, thereby saving some money. Unfortunately for the applicant, design patent examiners tend […]

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What is a Species Restriction?

What is a species restriction? A species restriction differs from the more commonly known Restriction Requirement which arises when an Examiner feels that a patent application has multiple inventions. In a species restriction, the applicant is required to make an “election of species” according to patentably distinct species carved out by the Examiner. Species restrictions […]

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What is a Restriction Requirement?

Is my patent application being rejected? If a patent examiner thinks that the pending claims in a patent application are directed to more than one invention, the examiner may issue a Restriction Requirement asking the applicant to pick a certain group of claims to prosecute in the pending application. A Restriction Requirement does not necessarily mean […]

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Why file a continuing patent application?

Reasons for Filing a Continuing Application Two key reasons may justify filing a continuing application that stems from a pending patent application: You want to pursue different claims than those in the pending application; or You have invented new subject matter (e.g., features, concepts, improvements, variations, processes, etc.) not disclosed in the pending application. Different claims in […]

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