India:
Continuing Uncertainty Over Divisional Patent System
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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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