Section 16:
Power of Controller to make orders respecting division of application.
(1) A person who
has made an application for a patent under this Act may, at any time 1[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.
2[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.]
Notes:
1. Subs. by Act 15 of 2005, s. 15, for "before the acceptance of the complete specification" (w.e.f. 1-1-2005).
2. Subs. by s. 15, ibid., for the Explanation (w.e.f. 1-1-2005).