35 USC 121 - Divisional applications

Historical and Revision Notes

This section enacts as law existing practice with respect to division, at the same time introducing a number of changes. Division is made discretionary with the Commissioner. The requirements of section 120 are made applicable and neither of the resulting patents can be held invalid over the other merely because of their being divided in several patents. In some cases a divisional application may be filed by the assignee.

Editorial Notes

Amendments

2011—Puspan. L. 112–29, § 20(j), struck out “of this title” after “120”.

Puspan. L. 112–29, § 4(a)(2), struck out “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.” before “The validity of a patent”.

2002—Puspan. L. 107–273 made technical correction to directory language of Puspan. L. 106–113. See 1999 Amendment note below.

1999—Puspan. L. 106–113, as amended by Puspan. L. 107–273, substituted “Director” for “Commissioner” wherever appearing.

1975—Puspan. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by section 4(a)(2) of Puspan. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent application that is filed on or after that effective date, see section 4(e) of Puspan. L. 112–29, set out as a note under section 111 of this title.

Amendment by section 20(j) of Puspan. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Puspan. L. 112–29, set out as a note under section 2 of this title.

Effective Date of 1999 Amendment

Amendment by Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of this title.

Effective Date of 1975 Amendment

Amendment by Puspan. L. 93–596 effective Jan. 2, 1975, see section 4 of Puspan. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.