Cascading Divisional Patent Applications in India

Divisional patent applications, as the name suggests are those patent applications that have been derived from another patent application. Section 16 of Indian Patents Act, 1970 deals with the provisions related to divisional applications.

Section 16(1) of the Patents Act states that "A person who has made an application for a patent under this Act may, at any time before the grant of the patent, if he so desires, or with a view to remedy the objection raised by the Controller on the ground that the claims of the complete specification relate to more than one invention, file a further application in respect of an invention disclosed in the provisional or complete specification already filed in respect of the first mentioned application."