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ARTICLE · 15 FEBRUARY 2013

A Patent Seeker’s Guide To Divisional Applications

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A discussion on the protections offered under India's Patents Act, 1970.

IndiaIntellectual Property
Manoj Singh
Manoj Singh
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India's Patents Act, 1970, prescribes that a patent application shall be for a single invention only. To offer protection to related inventions disclosed in the application, the act provides for the filing of a divisional application in respect of those additional inventions.

Section 16 of the act states that the applicant may, at any time after filing an application but before a patent is granted, on its own initiative or in response to an objection raised by the controller on the ground that the application relates to more than one invention, file a further application for an invention disclosed in the previous application.

In this way the act provides a further opportunity for the applicant to get protection for an invention which was disclosed erroneously in an application.

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