In most legal systems the
Application for a patent shall relate to only one invention. Accordingly, subsequent to an assessment of a patent application, a patent examiner discovers that an applicant has claimed more than one invention in the application; the applicant may choose to file a divisional application. A divisional application signifies a new application divided from the original application. A divisional application permits the applicant to utilize the priority date as shown in his original application. Divisional application may work in instances where the original application has not been lapsed, refused or withdrawn at the time the divisional application has been filed. A divisional application may assert a subject matter not included in the original application insofar as all the features of at least one of the claims were shown in the original application. However, a divisional application must be filed within a period of three months so as to benefit from the date of the filing of the original application. In the event the Patent Office invited the applicant to submit a divisional application with a view to restricting the original application to one invention, and the applicant fails so to do, not patent shall be granted.