PATENT OF ADDITION-INDIA

PATENT OF ADDITION: Section 54, 55 and 56 of Indian Patents Act

A patent of addition is a patent granted for any improvement in or modification of an invention described or disclosed in the complete specification of the “main invention”. To be patentable the improvement or the combination must produce a new result, or a new article or a better or cheaper article than before.
For a patent to be granted as a patent of addition, the date of filing of the application must be either on the same date as the filing of the main invention or later than the filing date of the main invention.
A patent of addition is not granted earlier than the patent of main invention.
A patent of addition is granted for a term equal to that of the patent for the main invention and it remains in force as long as the main patent is in force. No renewal fees are payable for patent of addition.
The patent of addition can become an independent patent if the applicant requests the Controller to revoke the main patent and make the patent of addition as an independent patent for the remainder of the term. When the patent of addition becomes an independent patent the renewal fees are payable for the rest of the term.