Tag: Section 16

Should a pre-grant notice be issued before patent grant to facilitate filing of divisional applications? Court clarifies

Minimalist office interior with wooden shelves and books on a white wall, featuring a bold “Divide & Conquer” wall graphic under a hanging lamp above a wooden desk. Featured image for article: Should a pre-grant notice be issued before patent grant to facilitate filing of divisional applications? Court clarifies

Delhi High Court clarifies that no pre-grant notice is required under Section 43 and divisional applications must be filed before patent grant.

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Divisional Applications cannot exceed scope of Parent Application: Delhi High Court

The Delhi High Court has clarified that divisional applications under the Patents Act must not exceed the scope of the parent application and require plurality of inventions in the original claims. This decision reinforces the primacy of claims in determining the scope of patent protection.

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