Chapter IX – Special applications
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  7. 1. Divisional applications (see also A‑IV, 1)
  8. 1.2 Voluntary and mandatory division
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1. Divisional applications (see also A‑IV, 1)

Overview

1.2 Voluntary and mandatory division 

Applicants may file a divisional application of their own volition (voluntary division). The most common reason, however, for filing a divisional application is to meet an objection under Art. 82 due to lack of unity of invention (mandatory division). If the examiner raises an objection due to lack of unity, the applicant is allowed a period (see C‑VI, 1) in which to limit their application to a single invention. The limitation of the parent application has to be clear and unconditional. The communication inviting the applicant to limit the application due to lack of unity should therefore indicate that if not limited within the set time limit the application may be refused.

Art. 82

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