"Curious Tale Of Divisional Applications Under The Indian Patent System"

Qualification of filing a divisional application in India has always been a hot topic of debate among the peers, clients, associates and the Patent Office. This article aims to provide guidance on the criteria to file a divisional application in India. Therefore, the subject article answers some of the regular queries on the stand of the Indian Patent Office with respect to the validity of the divisional application.

• What is divisional application as per the Indian Patent Act?

As per section 16(1) of the Indian Patents Act, an applicant may, at any time before the grant of a patent, if he so desires, or with a view to remedy the objection raised by the Controller on the ground that claims of a complete specification relate to more than one invention, may divide the application and file further application(s) in respect of invention disclosed in the provisional or complete specification already filed. The said further application is called as divisional