Editing Divisional patent application (section)

===United States===
{{See also|Unity of invention#United States}}
In the [[United States]], a divisional application is defined as a specific type of [[continuing patent application]].<ref name="mpep201.06">[https://www.uspto.gov/web/offices/pac/mpep/s201.html#ch200_d1ff70_1e3be_230 MPEP § 201.06]</ref> A later application for an independent or distinct invention, carved out of an earlier-filed patent application and disclosing and claiming only subject matter disclosed in the earlier or parent application, is known as a divisional application.<ref name="mpep201.06"/> In many non-U.S. jurisdictions, however, the term “divisional” is often used more broadly to refer to continuing applications in general, encompassing concepts that may differ from the U.S. definition.

A divisional application is often filed as a result of a [[unity of invention|restriction requirement]] made by an examiner.<ref name="mpep201.06"/> A restriction requirement may be issued if two or more independent and distinct inventions are claimed in a single application.<ref name="35usc121">{{UnitedStatesCode|35|121}}</ref><ref name="mpep803">[https://www.uspto.gov/web/offices/pac/mpep/s803.html MPEP § 803]</ref> In such cases, the examiner may require the application to be restricted to one of the independent inventions.<ref name="35usc121" /><ref name="mpep803" /> Thus, a restriction requirement may require an applicant to divide a single patent application into multiple separate applications. U.S. law provides protection for divisional applications against [[double patenting]] rejections
<ref name="35usc121"/> and invalidation of the resulting patents based on double patenting grounds.