[India] Syngenta v. Controller (Patent Office), 471/202 (Division Bench of the Delhi High Court, October 13, 2023)
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Article type: Case note
Category: Other foreign jurisdictions
Topics: Issues discussed in the text
First published on this site: 2026-10-10
Display and classification checked: 2026-10-10
[India] Syngenta v. Controller (Patent Office), 471/202 (Division Bench of the Delhi High Court, October 13, 2023)
*A Delhi High Court judgment that relaxed the requirements for divisional applications!
Before this judgment, the practice was that an invention disclosed only in the parent application’s specification, but not in its claims, could not be made the subject of a divisional application.
→ The judgment held that a divisional application could be filed for an invention disclosed only in the parent application’s specification, even if it was not recited in the parent application’s claims.
*The practice became consistent with that of Japan, the United States, Europe and other jurisdictions.
Original article (2025-08-02):
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2026-10-10: First published the LinkedIn original on this site and set the classification, article information, and consultation link.
2026-10-10: Aligned the translation link, canonical URL and hreflang with the verified public URLs.
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