What is a divisional patent application? Should inventors be engaged in the patent application process? How can patent applicants avoid double patenting scenarios and the litigation consequences that can follow?
In their latest video, intellectual property litigators Andy Shaughnessy, Ed Fan, and Alex Peterson answer these questions and more on divisional patent applications and the patents that derive from them, including:
- how a divisional patent application arises when a patent application discloses more than one invention;
- how adding subject matter to a divisional application causes the application to lose its divisional status and become a new, unrelated regular application;
- why it's good practice to engage the inventor in the process; and
- what techniques parties have used to avoid double patenting issues arising from divisional patents.
Play the video below to watch the informal discussion and stay tuned for the team's paper on the topic.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
