ARTICLE · 15 OCTOBER 2025

Pharmacyclics Continues The Divisional Applications Debate In India

Obhan Mason

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The Calcutta High Court's ruling in the Pharmacyclics case clarifies that a divisional patent application can be filed as long as the invention is disclosed in the full specification...

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Summary: The Calcutta High Court's ruling in the Pharmacyclics case clarifies that a divisional patent application can be filed as long as the invention is disclosed in the full specification, even if it was not included in the original claims.

Introduction

In 2024, the Indian Patent Office ("IPO") issued the Patents (Amendment) Rules, 2024 ("Rules"), which, among other things, amended the rules relating to filing of divisional applications. Specifically, the Rules clarified that a divisional application could be filed based on the subject matter disclosed either in the provisional specification or the complete specification, as opposed to only based on the claims. These Rules implemented the decision of the Delhi High Court in Syngenta Ltd. v. Controller of Patents (2023:DHC:7473-DB).

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