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Date Published

An application can be an additional to one application (or patent) and a divisional of a different application (or patent). The term of an additional will be the same as its parent (i.e. the application or patent for the main invention), regardless of whether it also claims divisional status.

In order for an application for a divisional and an additional of the same parent to be accepted, all of its claims must satisfy the criteria of both a divisional and an additional application.  

It is difficult to envisage this occurring under normal circumstances, given that an "improvement or modification of the main invention" cannot be matter disclosed in the parent application (see 2.19.3 "Improvement" and "Modification"). However, in the case of application 17561/00 (759625), an independent claim comprised two notional claims, one of which met the criteria for being a divisional of 36806/97 (736856), and the other which met the criteria for being an additional of the same parent.  The applicant sought both divisional and additional status for the application.  This was considered permissible and the application was allowed to proceed to grant. Fees provides details on the continuation/renewal fees applicable in these circumstances.

2.10.4 Status of Parent provides guidance on the situation where an application is a divisional application of:

  • a patent of addition; or
  • an application for a patent of addition.
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