Can you file a divisional application in India?

Yes, applicants may file one or more divisional application in India at any time prior to the grant of a patent.

Section 10 of the Indian Patents Act provides for the “Contents of a complete specification of a Patent Application. While in sub-Section 5, it specifically provides the extent to “what can be claimed” as distinguished from “what is disclosed in the specification. Thus, although the complete specification discloses matter which relates to more than one invention or inventive concept, the claims of the complete specification can relate only to a single invention or to a group of inventions linked so as to form a single inventive concept.

The Indian Patent Act, however, provides a remedy for a situation where the complete specification discloses and claims more than one invention or more than one group of inventions where each group is not linked by a single inventive concept. The remedy involves filing a divisional patent application.

Section 16 of the Indian Patent Act Provides for the filing of a divisional application in India.

 

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