Friday, May 27, 2011

Eight (8) Things to know about division of application

Secton 16 of the patent act covers division of application.

The salient features of Secton 16 and division of application

are the following

1. Division of application can be made at any time before the grant of the patent.
2. Division of application is made to remedy the objection of  complete specification relating to more than one invention.
3. Division of application accompanies  complete specification.
4. The complete specification should not include any matter disclosed in the  first  application.
5. Neither of the  complete specifications should include  claim for any matter claimed in the other.
6.Divisional application is deemed to have been filed on the date on which the first mentioned application had been filed.
7. Divisional application  is proceeded with as a substantive application
8. Divisional application  is examined when the request for examination is filed within the prescribed period.

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