ARTICLE
29 April 2017

Continuing Uncertainty Over Divisional Patent System

L
LexOrbis

Contributor

LexOrbis is a premier full-service IP law firm with 270 personnel including 130+ attorneys at its three offices in India namely, New Delhi, Bangalore and Mumbai. The firm provides business oriented and cost-effective solutions for protection, enforcement, transaction, and commercialization of all forms of intellectual property in India and globally. The Firm has been consistently ranked amongst the Top- 5 IP firms in India for over the past one decade and is well-known for managing global patent, designs and trademark portfolios of many technology companies and brand owners.
Divisional patent applications refer to patent applications that are divided out of an initially filed application (also referred as the main or parent patent application).
India Intellectual Property

Divisional patent applications refer to patent applications that are divided out of an initially filed application (also referred as the main or parent patent application). Section 16 of the Patents Act 1970 provides that a divisional application can be filed at any time before grant (or refusal) of the parent application. While a divisional application is usually filed with a view to resolving invention-based objections raised by the controller in the examination report, it may also be filed voluntarily by the applicant, provided that the applicant is able to prove the presence of distinct inventions in respect of the parent patent application.

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