Divisional applications
United States Code
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How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
★Highly CitedTop 1% most-cited · cited by 149 decisions
149
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Courts citing this statute
Most recently cited by10
- 2025Focus Products Group International, LLC v. Kartri Sales Co., Inc. Fed. Cir.
- 2025Causam Enterprises, Inc. v. Itc Fed. Cir.
- 2025Acadia Pharmaceuticals Inc. v. Aurobindo Pharma Ltd. Fed. Cir.
- 2024Hyatt v. Vidal D.D.C.
- 2024Ningbo Ningshing Ubay Supply Chain Co. LTD v. The Partnerships and Unincorporated Associations Identified on Schedule A N.D. Ill.
- 2023ACADIA Pharmaceuticals Inc. v. Aurobindo Pharma Limited D. Del.
- 2022Hologic, Inc. v. Minerva Surgical, Inc. Fed. Cir.
- 2022Lockheed Martin Aeronautics Company A.S.B.C.A.
- 2020Idorsia Pharmaceuticals, Ltd. v. Iancu Fed. Cir.
- 2020Greenthread, LLC v. SAMSUNG ELECTRONICS CO., LTD. E.D. Tex.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
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. (Source: (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.))