Filing a divisional application on the day of grant of parent application

In the Indian patent system, divisional patent applications are essential because they give applicants a tactical instrument for efficiently managing and safeguarding their ideas. Since many people are confused regarding the acceptability of filing a divisional application on the day of grant of parent application, we will discuss in detail about it in this article so that whenever you are thinking of filing a divisional application through a patent lawyer India, you are not confused. We will also discuss what exactly is a divisional patent application and in what situations they are filed.

What is a Divisional Patent Application

An application for a divisional patent is different from an already-existing (parent) application. This division happens when the applicant wants to go after additional coverage for one or more of the inventions disclosed in the original application. Section 16 of the Indian Patents Act states that a divisional application might be submitted voluntarily by the applicant to cover several ideas revealed in the parent application, or in response to the patent office’s objections to the invention’s unity.

Importance Of Filing a Divisional Application

1. Resolving Unity of Invention Objections: Addressing the patent examiner’s concerns about the absence of unity of invention is a major justification for submitting a divisional application. This guarantees that every invention is reviewed and protected separately while meeting the standards set out by the patent office.
2. Strategic Patent Portfolio Management: By splitting wide disclosures into several patents that cover different ideas, divisional applications enable applicants to strategically manage their patent portfolios. Intellectual property rights may become more expansive and more enforceable as a result.
3. Maintaining Priority Date: One important benefit of submitting a divisional application is that the parent application’s priority date is preserved. This is essential to preserving the disclosed inventions’ uniqueness and patentability.

Purpose of Filing a Divisional Application

1. Legal Compliance: To adhere to the legal specifications for patent examination, particularly in cases where the parent application reveals several inventions that require independent prosecution.
2. Maximizing Protection: To secure more comprehensive and targeted intellectual property coverage, different patents for unique ideas should be obtained in order to increase the breadth of protection.
3. Prosecution Flexibility: To give the prosecution procedure flexibility so that petitioners can respond to particular objections or narrow the scope of their claims without jeopardizing the initial file.

When to File a Divisional Application in India?

The strategic choice to file a divisional patent application can have a big impact on the extent and controllability of patent rights. Maximizing patent protection while adhering to legal standards requires knowing when to submit a divisional application. Divisional applications are typically filed in two main situations:

1. Unity of Invention Objections: The patent office’s objection to the unity of invention is the most frequent reason for submitting a divisional application. This happens when several inventions that are not closely enough related to constitute a single creative notion are claimed in a patent application.
2. Strategic IP Portfolio Management: In order to better manage their intellectual property, applicants may decide to submit divisional applications. An applicant can more effectively address possible objections and customize the scope of individual patents to meet particular market demands by dividing a wide application into multiple targeted applications.

Filing a divisional application on the day of grant of parent application

According to a recent case and a recent ruling, it is often acceptable to file a divisional application on the same day that the parent application is granted. The Patents Act recognizes the practical challenge of precisely determining the timing of the grant, even while it mandates that divisional applications be submitted prior to the parent application being approved or denied. Since the applicant cannot predict the exact moment of grant, filing on the same day is accepted. Some key points to remember while filing a divisional application on the day of grant of patent are:

• When a parent application covers more than one invention and lacks “unity of invention,” divisional applications are submitted.
• Prior to the parent application being approved or denied, they must be submitted.
• Since it can be difficult to pinpoint the precise timing of the award, it is allowed to file on the same day.
• Court decisions have confirmed this, including in the BASF case.
• The significance of natural justice principles in patent litigation has been reaffirmed by the court.
• The applicant may submit a divisional application on their own or in response to a patent office objection.

Essentially, even though divisional applications depend on timeliness, the practicality of knowing the precise award time permits filing on the same day with the help of a patent attorney in India without compromising the application.

  Categories : Patent attorneys in India
  Tags : Divisional Application Filing , Indian Patent Law , Patent Attorney in India , Patent Portfolio Strategy