Question 12
Domain 2: Patent Application Filing and Claim DraftingA divisional application differs from a continuation application in that a divisional:
Correct answer: B
Explanation
A divisional application is filed after the USPTO issues a restriction requirement, which forces the applicant to elect one invention and pursue the others separately. A continuation application, by contrast, claims the same invention and is not filed in response to a restriction requirement.
Why each option is right or wrong
A. Contains new matter not in the parent
B. Is filed in response to a restriction requirement
Under 35 U.S.C. § 121, a divisional application is the vehicle used when the USPTO issues a restriction requirement under 37 C.F.R. § 1.142 and the applicant elects one invention while preserving the non-elected invention(s) in a separate filing. A continuation under 35 U.S.C. § 120 is not triggered by restriction practice; it is simply a later application claiming the benefit of the earlier filing date for the same disclosed subject matter.
C. Must be filed by a different inventor
D. Does not claim the benefit of the parent filing date