§ 121. Divisional applications
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/usc/title-35/section-121A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 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.
The validity of a patent shall not be questioned for failure of the Director to require the application to be restricted to one invention.
(July 19, 1952, ch. 950, 66 Stat. 800; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §§ 4(a)(2), 20(j), Sept. 16, 2011, 125 Stat. 295, 335.)
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.
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19 references not yet in our index
- July 19, 1952, ch. 950
- 66 Stat. 800
- Pub. L. 93–596, § 1
- 88 Stat. 1949
- Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]
- 113 Stat. 1536
- Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)
- 116 Stat. 1906
- Pub. L. 112–29
- 125 Stat. 295
- Pub. L. 112–29, § 20(j)
- Pub. L. 112–29, § 4(a)(2)
- Pub. L. 107–273
- Pub. L. 106–113
- Pub. L. 93–596
- section 4(a)(2) of Pub. L. 112–29
- section 4(e) of Pub. L. 112–29
- section 20(j) of Pub. L. 112–29
- section 4 of Pub. L. 93–596
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§ 121
Divisional applications
Fed. Reg.×77
C.F.R.×1
Stat.×1
ActJuly 19, 1952, ch. 950
Stat.66 Stat. 800
Pub. L.Pub. L. 93–596, § 1
Stat.88 Stat. 1949
Pub. L.Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]
Cites 23 · showing 9Cited by 79 across 3 sources