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.
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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 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.
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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.
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.
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:
Once a Patent of Addition is granted, the applicant will no longer be required to submit renewal fees for the Patent of Addition.
Read More: Difference between Process and Product Patent Regime
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.