Ever Evolving Jurisprudence Of Divisional Patent Applications In India

The jurisprudence of divisional patent applications in India has undergone a marked transformation in recent years, shaped largely by judicial interpretation.

Section 16 of the Patents Act, 1970, is intended to allow an applicant to pursue distinct inventions disclosed in a parent application without losing priority in a divisional application. It reads:

"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".