Key Terms of Patent Act # 19: Divisional Application

1. Term #19
Divisional Patent
Application
u/s 16 of
Indian Patents Act 1970
Key Terms of Indian Patents Act
Ms Bindu Sharma, Founder & CEOSpeaker
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2. Unity of invention
• One invention, one application
• The purpose of this requirement is
administrative, as well as financial and
prevents applicant from filing single
application for more than one inventions,
while paying only one set of fees (filing
fee, search fee, examination fee, renewal
fees, and so on).

3. • However, if the inventions are related to each other, single patent
application may be filed.
• For example, the inventions such as, micro organism as a product, its
process of isolation, preparation of genetic recombinant strain are
related to each other and form a single inventive concept.
• Therefore, all of them have unity of invention and can be claimed and
filed as single patent application.

4. International Patent Classification
A: Human Necessities
B: Performing Operations, Transporting
C: Chemistry, Metallurgy
D: Textiles, Paper
E: Fixed Constructions
F: Mechanical Engineering, Lighting, Heating, Weapons
G: Physics
H: Electricity

5. Section 16: Power of Controller to make orders
respecting division of application
• Basically, one patent application shall
relate only to one invention or a group of
closely related inventions.
• The purpose of this requirement is
administrative, as well as financial.
• The requirement serves to prevent the
option of filing one patent application for
several inventions, while paying only one
set of fees.

6. Section 16: Power of Controller
to make orders respecting
division of application
• Unity of invention also makes the
classification of patent documents
easier.
• When a patent application is objected
on the ground of a lack of unity, it may
be still considered for patent protection,
unlike in the case where the invention is
found to be lacking novelty.
• A divisional application can usually be
filed for the second invention, and for
the further inventions, if any.

7. Section 16: Power of Controller to
make orders respecting division of
application
Parent
application
Divisional
application
1
Divisional
application
2
Divisional
application
3

8. Illustration
• 15th November 2006
Dhruv files for a provisional
application
• 13th November 2007Complete specification filing
During examination, the Controller raises the objection that the
invention lacks unity of invention
Application shall be split into 2 applications
• 10th January 2009Date of filing divisional application
• 15th November 2006
Both parent & divisional application
will have priority date

9. Format to claim
priority
While filing the divisional application, in order to
claim priority from the parent application, a
statement is required to be added in divisional
application, Form-1 & 2 in following format:
• This is a divisional application and claims
priority from the parent patent application
number XXXX/CHE/XXXX with a priority date
of Date/Month/year.
• Separate fee for filing, examination, depending
upon the number of claims and pages is
applicable for the divisional patent application.

10. At the time of drafting patent specification, it is
important to take care of unity of invention. One
invention, one patent is the golden rule that is
required to be followed strictly.

11. Question
If controller found that one patent
application contains more than one
invention, then the applicant is asked
to file a:
a) Patent of Addition
b) Divisional Application
c) Provisional application for another
invention
d) Either (a) or (c)

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