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| Authored by: Anonymous on Thursday, July 12 2012 @ 11:52 AM EDT |
| You are mistaken
35 U.S.C. 121 Divisional applications.
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. [ Reply to This | Parent | # ]
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