8 August, 2019
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 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.
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Manisha Singh, Partner, LexOrbis
manisha@lexorbis.com
