Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[-]

Hi everyone!
   My question is about divisional patent in India. I have a case,
I filed a provisional case in india october 2005, after that within six months, inventors involved with this case gave some additional data which affects the whole case that by incorporating that data and making the final claims it seems multiple invention. In this respect I want to split it....Can I file two complete application (divisional of the provisional appl.) taking the priority of the provisional or I have only one option that is to be filed it as a complete and at the time of prosecution it will be splited...

Thanks in advance,

[ram]

Can I file two complete application (divisional of the provisional appl.) taking the priority of the provisional or I have only one option that is to be filed it as a complete and at the time of prosecution it will be splited...

IMO, If the applicant desires to file a further application (divisional application) in respect of an invention disclosed in the provisional specification, then the applicant may do so, provided the further application (divisional application) takes form of a (second) complete specification and does not includes any matter not in substance disclosed in the (first) complete specification filed (within 12 months) in pursuance of the provisional application.

Alternatively, the applicant can just file a (first) complete specification (again within 12 months from provisional application) that includes claims relating to multiple invention (as you said), and just wait for the examination. During the prosecution, if the Examiner raises any objection on the ground that the claims of the complete specification (filed subsequent to provisional) relate to more than one invention, then the applicant can file a divisional application (before the grant of the (first) complete specification) to remedy the objection raised by the examiner.  Again please note that the divisional application should not contain any matter not disclosed in the complete specification filed in pursuance to the provisional application.

I would personally go for the latter one.

Regards.