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Guided answer
Should I file a divisional?
A short decision with a hard deadline attached.
The window has closed for that parent.
Section 16 permits a further application only before the grant of the parent.
- Anything described in the parent but never claimed is now public and prior art against a fresh filing of the same subject matter.
- Check whether any other member of the family is still pending - the option may exist there.
- Record the lesson: review divisional options at the examination report stage, not at allowance.
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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.