ELI5: Explain Like I'm 5

Divisional applications under the European Patent Convention

Imagine you have a big toy box filled with all kinds of toys. Let's say you have a toy car, a puzzle, and a stuffed animal. Now, let's pretend that you want to share these toys with your friends at school. But instead of giving away the entire toy box at once, you decide to divide the toys and give one toy to each friend.

This is similar to what happens with divisional applications under the European Patent Convention (EPC). When someone invents something new and wants to protect their invention, they can file a patent application. This application is like a big box that contains all the information about the invention. However, sometimes the invention is so complex or has different parts that it's better to split it up into smaller parts. These smaller parts are called divisional applications.

Just like in our toy box example, a divisional application focuses on one specific aspect or part of the original invention. This allows the inventor to protect each part separately and gives them more control over their invention. It's like giving a toy car to one friend, the puzzle to another friend, and the stuffed animal to another friend.

When someone files a divisional application, they have to follow certain rules. The divisional application must be filed within a specific time frame, usually before the original patent application is granted. This ensures that the divisional application is related to the original invention. It's like making sure you give each friend a toy that belongs to the toy box.

Now, let's pretend that one of your friends who received the toy car is also really good at building things. They take the toy car apart, examine each piece, and come up with an entirely new design for a toy car. This new design is something they can patent and protect as their own invention. This is similar to what can happen with a divisional application.

In some cases, when a divisional application is filed, the inventor may come up with new ideas or improvements related to the original invention. These new ideas can be filed as separate applications called "parent applications" or "grandparent applications." These applications build upon the original invention and allow the inventor to protect their new ideas.

So, in summary, divisional applications under the European Patent Convention are like dividing a big toy box into smaller parts and giving one toy to each friend. It allows inventors to protect different aspects of their inventions separately. It also allows them to file additional applications for new ideas that come up later. Just like you and your friends playing with different toys, divisional applications help inventors have more control over their inventions and share them with others.