Divisional Patent Application

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J.D. Houvener / Bold Patents Law Firm

Күн бұрын

What is a divisional patent application? Here is your complete guide!
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Registered USPTO patent attorney, J.D. Houvener from Bold Patents Law Firm, share's how a divisional patent application can work for you!
Below we have provided resources and timestamps with brief explanations for each step of how to take advantage of the patent process.
Quickly find what you are looking for by clicking on the timestamps below.
Timestamps for important areas of this video are located below along with a detailed blog article that I wrote that goes into this topic even more in-depth.
➡️ :44 What is a Divisional Patent Application?
✔️A divisional application is only for utility patent applications.
✔️You are only allowed one invention per patent.
✔️When the examiner determines there is more than one invention in the scope of your claims, you have to select which invention you want to proceed with.
✔️That invention moves forward as the non-provisional patent application.
✔️For the inventions that are not moving forward, you can file what is called a divisional application.
➡️ 3:44 Each Divisional Has a Life of its Own,
✔️ Divisional Applications are also called parent applications
✔️Continuation applications, also known as children applications are other versions of the invention.
➡️4:52 Advantages of Divisionals
✔️You have the ability to file them later as you only have to file once they get issued, which make take 1-3 year.s
✔️If your invention ends up being 3 other inventions, a good strategy is to wait and not spend more money.
✔️During that waiting period, you can get beta testers to give you feedback on your inventions to see if they are worth pursuing.
#patent #invention #entrepreneur
🚀 Top Inventor Resources 🚀
2nd Edition (2021) of Bold Ideas Book: boldip.com/patent-book.pdf
How to do a Patent Search: • How to do a Patent Search
Prepare to Write a Provisional: • How to File a Provisio...
How to Create a Patent Portfolio: boldip.com/patent_portfolio_g...
The Simplified Patent Process: boldip.com/patent_process.pdf
Detailed Patent Prosecution: boldip.com/patent_prosecution...
What do to After Patent Pending: boldip.com/patent_pending.pdf
How to Protect your Invention Internationally: boldip.com/pct_guide.pdf
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DISCLAIMER: Information in this video is not legal advice and should not be relied on as such. The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law. Schedule a free call here: calendly.com/business-consult...

Пікірлер: 22

@liyuqi8092 7 ай бұрын

How do you file the divisional, continuation, CIP, etc? Is it the same process as a normal non-provisional patent application, the only difference would be the ADS filing language?

@boldpatents 7 ай бұрын

The filing process, I'm not too familiar with, I could have you chat with our paralegal to get some specifics. I do believe the burden is less than filing an original NPA, because (at least in part) the specification from the parent NPA is being referenced. Send me an email at jd@boldip.com if you've got any confidential follow-up questions.

@jamessumpter4844 7 ай бұрын

Does the divisional application use the original abstract?

@boldpatents 7 ай бұрын

It uses the original specification, yes!

@gregfrey8256 Жыл бұрын

Please let me know if you're ever looking for a patent proofreader. I have 5 years experience.

@monikaagarwal404 2 жыл бұрын

hi can any one guide me how to file the divisional patent application step by step.I chose the wrong claims for my patent now I was told to file the divisional patent application and choose the correct claims but no one told me how as in uspto I don't see any option called divisional ?

@boldpatents 2 жыл бұрын

I tried to cover that in this video. If you need more, here's my blog article on it: boldip.com/continuation-divisional-patent-applications/

@ginovilivili 3 жыл бұрын

Can divisional applucation have the same title as the parent?

@boldpatents 3 жыл бұрын

Yes, it can. The main difference is the claim set. Often, everything is the exact same (written description, figures, etc.) it's the numbered set of claims that is different. Same invention, just claimed differently.

@shyamraa 2 жыл бұрын

I filed a Divisional application along with the parent but now I am told that the Divisional application will be examined only after 1 year. Is it not possible to get both cleared simultaneously?

@boldpatents 2 жыл бұрын

If you didn't file your application with priority examination (Track one) or petition to make the application special, then that estimate sounds about right. Each art unit has their own backlog. When the USPTO provides estimates on "first action" (if that's what you're talking about), they do tend to be conservative with their estimates, so you may end up actually hearing back in 9 months or so. Email me anything you'd like I'll take a peak and give you my take on it: jd@boldip.com.

@shyamraa 2 жыл бұрын

@@boldpatents Thanks. Both Groups were filed together but only first set was processed. Waiting 1 more year for 2nd group is just not good business 🙄 Entertainers get lifetime protection... Inventors bearly get 10 years!

@mitpatel7595 Жыл бұрын

Can divisional patent have different title from the parent one?

@boldpatents Жыл бұрын

Yes, as long as it follows all other rules laid out in 35 USC 121.

@mitpatel7595 Жыл бұрын

@@boldpatents Thanks a lot

@boldpatents Жыл бұрын

@@mitpatel7595 you are welcome - let me know if you have any confidential Followup questions. Send to jd@boldip.com

@blackheart6897 3 жыл бұрын

If non-provisional application gets rejected, will other two divisional application be also rejected or what??

@boldpatents 3 жыл бұрын

Divisional patent applications are by definition claiming different subject matter than the parent application. Therefore, a rejection of the parent cannot be a rejection of the child. That said, it is probable the some/all of the prior art cited by the examiner against the parent will be used by the examiner of the divisional/child patent application.

@blackheart6897 3 жыл бұрын

@@boldpatents Thank you, sir!

@ginovilivili 3 жыл бұрын

Can the divisional patent application have the same title as the parent?