Section 16 Divisional Gateway Screener | Chambers of Gaurav Arora

1 Parent Application Status

What is the current regulatory status of the initial parent patent application?

Pending Before Grant Parent application is actively pending before the IPO prior to grant or refusal.

Granted / Refused / Abandoned Parent patent has already been granted, refused, or abandoned prior to filing.

2 Antecedent Disclosure Basis

Is the subject matter of the divisional claims disclosed in the parent specification as filed?

Full Disclosure in Description Detailed antecedent disclosure exists in the provisional/complete specification description.

New Matter / Undisclosed Subject matter was not disclosed in the parent description as originally filed.

3 Statutory Gateway & Trigger

What is the procedural trigger for seeking the further application?

Limb 1: Voluntary ("If He So Desires") Applicant seeks to carve out unclaimed embodiments autonomously prior to grant.

Limb 2: Controller Objection Response Filing in response to a formal FER objection alleging lack of unity / plurality of inventions.

4 Claim Scope Differentiation (Sec 16(3))

Are the proposed divisional claims distinct from the parent application claim set?

Distinct & Non-Overlapping Claims cover distinct inventive features with no double-patenting overlap.

Identical / Substantially Overlapping Claims duplicate or substantially overlap with existing parent claims.

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Section 16(1) Divisional Gateway Diagnostic Screener

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