Recent cases on divisional applications, in India, redefine the requirements with respect to divisional applications. An applicant, to whom divisional applications have been invaluable for securing multiple patents arising out of a single inventive platform, the recent decisions may appear more restrictive. To bring uniformity in practice and in the best interest of justice certain principles have been laid down by the courts that are to be adhered to while dealing with divisional applications. In exercising the Applicant’s right to file a divisional application, the principles may be relied upon for guidance in strategizing national phase entries and divisional applications thereon.

Audio Source: An article published on the LKS website in December 2022
Divisional Applications in India: Evolving jurisprudence | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)

Author: Prosenjit Chattopadhyay, Partner LKS and Supriya Ramacha, Principal Associate