ARTICLE
8 August 2019

Best Practices For Divisional Patent Filings In India

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.
A divisional application can be filed either voluntarily or in response to an objection by the Indian Patent Office (IPO). Indian courts have held that the presence of multiple inventions
India Intellectual Property

divisional application can be filed either voluntarily or in response to an objection by the Indian Patent Office (IPO). Indian courts have held that the presence of multiple inventions in the parent application is a necessary criterion for divisional applications. Filing a divisional application with the original set of claims just to extend the prosecution process is considered a malpractice by the IPO and, therefore, may not serve the intended purpose.

Best Practices for Divisional Filing in India by Joginder Singh

https://www.vantageasia.com/best-practices-india-patent-filings/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More