35 U.S.C. 121 (pre-AIA) — Divisional applications
Ninth Edition, Revision 01.2024
[Editor Note: Not applicable to any patent application filed on or after September 16, 2012. See 35 U.S.C. 121 for the law otherwise applicable.]
If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions. If the other invention is made the subject of a divisional application which complies with the requirements of section 120 of this title it shall be entitled to the benefit of the filing date of the original application. A patent issuing on an application with respect to which a requirement for restriction under this section has been made, or on an application filed as a result of such a requirement, shall not be used as a reference either in the Patent and Trademark Office or in the courts against a divisional application or against the original application or any patent issued on either of them, if the divisional application is filed before the issuance of the patent on the other application. If a divisional application is directed solely to subject matter described and claimed in the original application as filed, the Director may dispense with signing and execution by the inventor. The validity of a patent shall not be questioned for failure of the Director to require the application to be restricted to one invention.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)).)
Cited authority
Cited by
- 101 General
- 102 Information as to Status of an Application
- 103 Right of Public To Inspect Patent Files and Some Application Files
- 1120 Eighteen-Month Publication of Patent Applications
- 1302.09 Classification, Print Figure, and Other Notations
- 1502.01 Distinction Between Design and Utility Patents
- 1504.02 Novelty
- 1504.03 Nonobviousness
- 1504.05 Restriction
- 1504.06 Double Patenting
- 1601 Introduction: The Act, Scope, Type of Plants Covered
- 1893.03(d) Unity of Invention
- 201.04 Provisional Application
- 2139.03 Form Paragraphs for Use in Rejections Under Pre-AIA 35 U.S.C. 102
- 2146.03(a) Provisional Rejection (Obviousness) Under 35 U.S.C. 103(a) Using Provisional Prior Art Under Pre-AIA 35 U.S.C. 102(e)
- 2148 Form Paragraphs for Use in Rejections Under Pre-AIA 35 U.S.C. 103
- 2303 Completion of Examination
- 2304.01(d) Sorting Claims
- 2304.02(c) Explaining Priority
- 2304.04(c) Rejections Based on Disclaimer
- 2307.03 Suspension of Related Examinations
- 2415.02 Provisional Applications Containing Disclosures of Nucleotides and/or Amino Acids, Compliance with 37 CFR 1.831-1.834
- 2434 Examination of Patent Applications Claiming Large Numbers of Nucleotide Sequences
- 2701 Patent Term
- 506 Completeness of Original Application
- 601 Content of Provisional and Nonprovisional Applications
- 601.01 Complete Application
- 601.01(a) Nonprovisional Applications Filed Under 35 U.S.C. 111(a)
- 601.01(c) Conversion to or from a Provisional Application
- 601.05(b) Application Data Sheet (ADS) in Application Filed Before September 16, 2012
- 602.01(b) Inventor’s Oath or Declaration in Application Filed Before September 16, 2012
- 706.07(g) Transitional After-Final Practice
- 708.02(a) Accelerated Examination
- 709 Suspension of Action
- 711.03(c) Petitions Relating to Abandonment
- 714.01(e) Amendments Before First Office Action
- 802 Basis for Restriction Practice in Statute and Rules
- 802.01 Meaning of “Independent” and “Distinct”
- 803.01 Review by Examiner with at Least Partial Signatory Authority
- 803.03 Transitional Applications
- 803.04 Nucleotide Sequences
- 804 Definition of Double Patenting
- 804.01 Prohibition of Nonstatutory Double Patenting Rejections Under 35 U.S.C. 121
- 804.02 Avoiding a Double Patenting Rejection
- 804.03 Commonly Owned Inventions of Different Inventive Entities; Non-Commonly Owned Inventions Subject to a Joint Research Agreement
- 804.04 Submission to Technology Center Director
- 805 Effect of Improper Joinder in Patent
- 806.04(h) Species Must Be Patentably Distinct From Each Other
- 806.05(f) Process of Making and Product Made
- 806.05(h) Product and Process of Using
- 808.02 Establishing Burden
- 809.02(a) Election of Species Required
- 814 Indicate Exactly How Application Is To Be Restricted
- 817 Outline of Letter for Restriction Requirement
- 821.04(a) Rejoinder Between Product Inventions; Rejoinder Between Process Inventions
- 821.04(b) Rejoinder of Process Requiring an Allowable Product
- 35 U.S.C. 111 (pre-AIA) Application
- 35 U.S.C. 121 Divisional applications
- 37 CFR 1.14 Patent applications preserved in confidence
- 37 CFR 1.53 Application number, filing date, and completion of application
- 37 CFR 1.53 (pre-PLT (AIA)) Application number, filing date, and completion of application
- 37 CFR 1.63 (pre-AIA) Oath or declaration
- 37 CFR 1.76 (pre-AIA) Application data sheet
- 37 CFR 1.129 Transitional procedures for limited examination after final rejection and restriction practice
- 37 CFR 1.137 Revival of abandoned application, or terminated or limited reexamination prosecution