Ashima: Sir a Very good morning to you!

Dr. Dewan: Good morning Ash! You seem rather cheerful today!

Ashima: All thanks to you Sir! Your inputs about drafting claims as per Indian scenario helped me win a patent for our client.

Dr. Dewan: That’s great news! But that’s not what brings you to me, Right?

Ashima: Absolutely! You know me Sir! I have some further questions about how to sync claims and description for minimum office objections.

Dr. Dewan: Ok! Shoot!

Ashima: Is it required to write Cross References in a specification in India?

Dr. Dewan: No. It is not required to use Cross Reference in the specification in India.

Ashima: Is it required to keep consistency of TITLE with the subject of claims required or not?

Dr. Dewan: Yes. Generally, most Controllers ask for consistency of the TITLE and subject of the claims.

Ashima: What are requirements of an abstract? Is there a limitation for the number of words in the abstract?

Dr. Dewan: The abstract is required to be limited to 150 words and most Controllers insist on including the most relevant drawing to be included in the abstract. The abstract should not be written in claim language and should include all the technical features and the advantages.

Ashima: do technical features mentioned in the abstract and illustrated by a drawing in the specification require to be followed by reference signs?

Dr. Dewan:  Many Controllers insist on the claims being embellished by the reference numerals (reference signs).


Ashima: Sir! Can we file the application in Indian in a foreign language for an international client?

Dr. Dewan:  No, the application has to be filed in English or Hindi and cannot be filed in a foreign language.

Ashima: Sir if required what is the time period for filing a divisional application? Could it be possible to file a divisional application during the appeal procedure? What are restrictions/requirements for claims and description etc. in divisional application?

Dr. Dewan: The time period for filing a divisional is any time before the grant/refusal of the parent. Generally, a divisional application is not allowed during the appeal procedure. The description must remain the same in the divisional, only the claims have to be divided out from the parent. Some Controllers do not allow a divisional if there is no unity objection. If there is no claim, a divisional is generally not allowed for matter disclosed in the specification but not claimed. 

Ashima: Does the examiner determine whether the same (identical) inventions exist between a parent application and a divisional application?

Dr. Dewan: Yes, the examiner determines if there are the same claims between parent and divisional application. 


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