16. Power of Controller
of make orders respecting division of application.- (1)
A person who has made an application for a patent under this
Act may, at any time *[before the grant of the patent], if
he so desires, or with a view to remedy the objection raised
by the Controller on the ground that the claims of the complete
specification relate to more than one invention, file a further
application in respect of an invention disclosed in the provisional
or complete specification already filed in respect of the
first mentioned application.
(2) The further application under sub-section (1) shall be
accompanied by a complete specification, but such complete
specification shall not include any matter not in substance
disclosed in the complete specification filed in pursuance
of the first mentioned application.
(3) The Controller may require such amendment of the complete
specification filed in pursuance of either the original or
the further application as may be necessary to ensure that
neither of the said complete specifications includes a claim
for any matter claimed in the other.
*[Explanation.-For the purposes of this Act, the further
application and the complete specification accompanying it
shall be deemed to have been filed on the date on which the
first mentioned application had been filed, and the further
application shall be proceeded with as a substantive application
and be examined when the request for examination is filed
within the prescribed period.
*[Substituted by Patents (Amendment) Act, 2005, section
15]
|
