Recently, the Delhi High Court of India made a final ruling on the divisional patent application in India. The divisional standards of patent applications in India will be consistent with global practices. It can be expected that the number of divisional patent applications in India will increase significantly in the coming period.
The Indian court overturned the previous ruling on Syngenta Limited v. Boehringer, which brought about a major change in India's patent divisional applications. Previously, the Indian Patent Law had strict regulations and restrictions on divisional applications, stating that divisional applications could not be based solely on the disclosure in the specification. If there were no rights claimed in the parent case, the divisional application could not be made, which was also considered to be a violation of one of the basic rules of the Indian Patent Law. That is, "what is not claimed is not claimed."
However, now, applicants can voluntarily divide an application when responding to an office action, even if no objection to the related claims appears in the office action, thereby expanding the scope of protection of the parent case claims.
It can be inferred that patent applicants will increasingly use divisional applications in India as a common means and strategy to extend the life cycle of patent applications.
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