Legal Definitions - requirement for division

A requirement for division is a term used in patent law. It refers to a patent examiner's ruling that a patent application contains two or more distinct inventions. The applicant must then choose one invention to continue prosecuting under the original application by abandoning some of the original claims.

For example, if an inventor applies for a patent on a new type of car engine that also includes a unique transmission system, the patent examiner may require the inventor to choose which invention to pursue. The inventor can either abandon the transmission system and focus on the engine or file a separate application for the transmission system.

This requirement is important because it ensures that each patent covers only one invention, making it easier for others to understand and avoid infringing on the patent. It also helps prevent inventors from monopolizing too many ideas with a single patent.