TMEP 1110.10: Dividing a §44 Application

October 2017 Edition of the TMEP

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1110.10    Dividing a §44 Application

When the applicant divides an application that includes a claim of priority under §44(d), the separate new (child) application(s) created through the division retain the priority filing date, provided that each new application meets the requirements of §44(d).  This is true even if the applicant does not ultimately perfect a §44(e) basis. See37 C.F.R. §§2.35(b)(3)-(4); TMEP §§806.01(c), 806.02(f).

In an application in which the same goods/services have both a §44(e) and §1(b) basis, and a notice of allowance has issued, the applicant, before the deadline for filing a statement of use, may file a request to divide out the goods/services under the §44(e) basis, and also request that the same goods/services remain in the parent application under §1(b).

When an applicant requests division of an application that includes a copy of a foreign registration, the applicant does not have to provide additional copies for each new application created by the division.