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Guided answer
Should I file a divisional?
A short decision with a hard deadline attached.
A divisional is available, and the window closes at grant.
- Decide now rather than at allowance - an allowance notice is effectively the last call.
- The divisional keeps the parent date for subject matter disclosed in the parent, and must not add new matter.
- Since 2024, rule 13(2A) expressly allows a further application based on an earlier further application - a divisional of a divisional.
- File it even if the commercial case is uncertain. It can always be abandoned later; it cannot be filed later.
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This is educational guidance, not personalised legal advice. It cannot see your documents, your dates or the prior art, and those are usually what decide the answer. Use it to understand the question, then take advice on your own facts.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.