Patent Of Addition
A Patent of Addition allows for protection of enhancements or variations to an already patented invention, providing a way to safeguard progressive innovations. This patent type offers inventors a way to protect enhancements to their original invention without having to file a completely new patent application.
Key Aspects of Patents of Addition:
A Patent of Addition is linked to an existing patent (the “main invention”).
The Patent of Addition covers improvements or modifications to the main invention, which can include new features, enhancements, or variations.
The application for a Patent of Addition must be filed before the grant of the main patent or within a specified timeframe after its grant.
The term of a Patent of Addition is tied to the term of the main patent and expires simultaneously with it (Section 55 of the Patents Act). If the main patent is revoked, the patentee can request the Controller to make the Patent of Addition as an independent patent.
Legal Framework:
Defines a Patent of Addition as a patent granted for an improvement or modification of an existing invention.
Specifies that the term of a Patent of Addition is the same as that of the main patent.
Deals with the validity of a Patent of Addition if the main patent is revoked.
By understanding Patents of Addition, inventors and businesses can strategically protect their intellectual property and maintain a competitive edge in the market.