Imagine that you’ve been working on something new, unique, and maybe even revolutionary for months. You finally send in your patent application, sure that your invention is safe. But then the Patent Office tells you that your application has two inventions, not just one. What happens next?
This is where the idea of a Divisional Application comes in. The Indian Patent Act has a way for you to split one patent application into two or more separate ones, each covering a different invention, without losing the date you filed the original application. To put it another way, it makes sure that every part of your new idea is protected.
Let’s talk about how it works, when you should think about filing one, and why this smart move can make all the difference in protecting your ideas.
1. Introduction
Imagine filing a patent for your invention, only to be told by the patent office that your application actually contains more than one invention. This is a common scenario, especially for complex technologies. India addresses this situation through the concept of a Divisional Application, which allows inventors to protect multiple inventions disclosed in a single patent application without losing priority dates.
The legal basis for divisional applications in India is Section 16 of the Indian Patent Act, 1970. This section ensures that inventors can split applications when the claims relate to more than one invention, while keeping the filing date and rights intact.
2. Understanding Section 16 – Divisional Applications
A patent applicant may file a further application (divisional application) for an invention disclosed in the provisional or complete specification of the first application, if:
- The applicant desires to do so, or
- The Controller raises an objection that the original claims relate to more than one invention.
The divisional application must have a complete specification, but it cannot include any matter not already disclosed in the first application.
The Controller may require amendments in either application to ensure that neither includes claims overlapping the other.
Priority date: The divisional application is deemed to have been filed on the same date as the first application.
3. How Section 16 Works in Practice
For instance, let’s say you filed a patent for a smartphone, claiming both a new battery design and a novel display technology. The patent office may raise an objection: your claims relate to more than one invention.
Here’s how a divisional application helps:
You keep your original application for the battery.
You file a divisional application for the display technology.
Both applications retain the original filing date, ensuring no loss of priority.
The Controller may suggest minor amendments to avoid overlapping claims between the two applications.
This way, both inventions get protected independently, and you avoid rejection of the original application due to multiple inventions.
4. Key Features of a Divisional Application
Timing:
A divisional application can be filed at any time before the grant of the parent patent. This provides applicants the flexibility to respond to objections on the lack of unity or to voluntarily separate distinct inventions before grant.
Scope:
The divisional application must not introduce any new subject matter. It must be fully supported by the disclosure of the parent specification including description, drawings, or claims. Any content not originally disclosed will not be allowed.
Examination:
Once filed, the divisional is treated as a substantive application in its own right. It undergoes a separate examination process upon filing a request for examination (RFE). The examiner may raise independent objections, and the divisional will proceed through its own prosecution cycle.
Amendments:
To avoid double claiming, the Controller may direct amendments in either the parent or the divisional application if overlapping claim scopes are identified. This ensures that the same invention is not claimed twice under separate applications.
5. Advantages of Filing a Divisional Application:
Protects Multiple Inventions:
A divisional enables protection for multiple inventions disclosed within one parent application, ensuring that valuable innovations are not left unprotected.
Retains the Original Priority Date:
The divisional application enjoys the same priority date as the parent, which is crucial for maintaining novelty over intervening disclosures.
Overcomes Unity of Invention Objections:
Filing a divisional can help address “lack of unity” objections from the Patent Office, thereby allowing the parent application to proceed smoothly without abandoning other inventive concepts.
Strategic Portfolio Strengthening:
Each divisional patent can later be independently enforced, licensed, or commercialized, giving applicants stronger control over related technologies.
6. Common Scenarios Requiring a Divisional Application
Divisional applications often become necessary in situations where a single patent application discloses multiple inventive concepts. For instance, in the case of a product that incorporates multiple features, such as a medical device comprising both a novel sensor and an innovative software algorithm, each aspect may represent a separate invention. Filing a divisional application allows both components to be protected independently without legal conflict. Similarly, in the field of pharmaceuticals, an application claiming several active compounds, polymorphs, or therapeutic uses may need to be divided so that each distinct chemical entity or formulation receives individual protection. The same applies to technologies involving hardware–software integration, such as IoT or automation systems, where a hardware component and a control algorithm may each constitute separate inventions. In such cases, divisional filings help applicants avoid objections related to a lack of unity of invention while ensuring that every disclosed invention can be fully protected and monetized.
7. Practical Considerations
From a practical standpoint, applicants may file multiple divisional applications, provided that each is supported by the disclosure of the parent specification and that all are filed before the grant of the parent patent. It is important to note that each divisional patent is treated as an independent application for procedural and fee purposes. Consequently, separate renewal fees are payable for both the parent and each divisional application, which requires careful financial planning. Strategically, divisional filings can add significant value to an intellectual property portfolio, as each resulting patent can be independently licensed, enforced, or commercialized, thereby enhancing the overall strength and versatility of the portfolio. However, precise and careful claim drafting is crucial to ensure that the claims of the parent and divisional applications are clearly defined and non-overlapping, facilitating smooth prosecution and avoiding future legal complications.
8. Smart Strategy, Stronger Protection
Divisional applications under Section 16 of the Indian Patents Act, 1970, are far more than a procedural formality; they are a strategic pathway to maximize protection from a single inventive disclosure. By allowing inventors to carve out distinct inventions from one application, divisional filings help retain the original priority date, prevent rejections on “unity of invention” grounds, and enable independent protection and commercialization of each unique idea. In essence, a well-timed divisional can transform one patent filing into a family of strong, enforceable rights, ensuring that no part of your innovation remains unprotected.
In short, when one patent application covers multiple inventions, filing a divisional application is not just a procedural step; it’s a smart move to safeguard your innovation.
At R K Dewan & Co., we don’t just guide you through patent procedures—we help you build lasting IP value. Our team of patent attorneys, scientists, and technologists has spent decades helping innovators turn single ideas into full-fledged patent families through strategic filings like divisionals under Section 16. Whether you’re an individual inventor, a startup, or a global enterprise, we make sure every part of your innovation gets the protection it deserves—without losing priority, scope, or time. From drafting and prosecution to portfolio management and enforcement, our approach blends legal precision with real-world strategy. If your patent journey involves more than one invention, we’ll help you protect them all—smartly, completely, and with purpose.
