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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
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
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