What is Patent of Addition?

When a patent holder is trying to improve an invention, there might be certain improvements and modification made to the invention. Under such circumstances, the patent holder can modify his original patent through a ‘Patent of Addition.’

The provisions for 'Patent of Addition' are under sections 54, 55 and 56 of the Indian Patents Act, 1970.

Patent of Addition in India is used for the protection of products and processes that have certain improvements or modification. The upgrades missed out in the main patent application can be added to the application without any additional governmental fees.

Characteristics of Patent of Addition

1. The applicant for a Patent of Addition should be the same as the name of the applicant in the main patent or the previous patent application.
2. Under Patent of Addition, the applicant is not able to claim the priority date of an earlier filed patent application.
3. The application filed as a Patent of Addition should contain a declaration that clarifies that the application is modification or improvement of the main invention.

The Term of Protection for Patent of Addition

Patent of Addition is used to file modifications associated with the main patent application and the duration of the patent of addition expires along with the term of the main patent application.

The Validity of the Main Patent

The validity of the main patent could be declared as invalid if there are any infringement proceedings or in a situation of adverse court rulings. This would impact the Patent of Addition, and it’s possible that the Patent of Addition might also be revoked.

Under certain circumstances, the applicant can also request the Controller of Patents to consider the Patent of Addition as a separate application.

Purpose of Patent of Addition

The purpose of 'Patent of Addition' is to provide the applicant or the inventor with a mechanism to adequately cover changes and modifications to the invention by filing additional claims.

The Criterion for Filling Patent of Addition

If the applicant so desires, he can file a separate application for Patent of Addition. The application needs to be made in a prescribed manner with respect to the invention as per the provisions of the patent of addition.

• The application for Patent of Addition will only be granted as long as the main patent application has been granted.
• As per Indian patent law, if the patent application includes a new applicant, a Patent of Addition cannot be made. The applicant for the main application and Patent of Addition must be the same.
• The Patent of Addition can be filed on the same date or after the date of the main patent application.
• The claims filed in the Patent of Addition needs to be filed similar to the main patent application.

Benefits of Patent of Addition

• Patent of Addition doesn't require any additional fees for renewal.
• Modification or improvement in the invention cannot be invalidated based on the ground that the invention lacks Inventive step.

Cost Incurred While Filing 'Patent of Addition' Application

Patent of addition is considered be an economical way to modify the main application rather than filing a separate application for it.

Before a Patent of Addition is granted the applicant should pay the required fees and maintain the main application like any other patent.

The cost incurred by the applicant incurred is:

• Application filing fees
• Examination
• Renewal fees until it is granted by the patent office.

Once a Patent of Addition is granted, the applicant will no longer be required to submit renewal fees for the Patent of Addition.

Conclusion

Many countries are done with the practice of filing 'Patent of Addition' application. The Indian law is based on the British patent law system, and the practice continues to be valid. Whenever the applicant needs to maintain the monopoly over the product or process completely can edit the application through a patent of addition.

Nonetheless, applicants need to understand that the term of the Patent of Addition does not surpass the main patent, and expires along with the main application.