Patent of addition is a patent given for improvement of patented invention. Basically, when we get a patent for an invention there remains a scope in that invention for improvement and modification. In such cases these improvements and modification in a patented invention can be protected by patent of addition in India.
No extra fees is required to get a patent of addition however the improvement or modification should be more than a mere workshop improvement.
Term of patent of addition
The term for patent of addition is same as the term of the patented invention in which the improvement or modification is made and for which the patent has not expired yet. If in case the patent of the main invention is revoked, then the patent of addition can be converted into independent patent. However, the term for that converted patent will not change. It will remain for the period of remainder period of main patent which has been revoked.
If the improvement or modification is innovative then the patent of addition can also be turned into standard patent easily.
Renewal of patent of addition
There is no renewal fees for patent of addition however, if the patent of addition is converted into standard patent, then the patentee will be liable to renewal fees.
Role of Patent attorney in case of patent of addition
- The patent attorney assists client in registration of patent of addition
- The patent attorney assists client in case he wants to convert his patent of addition to independent patent
- The patent attorney informs the client on what can be included in patent of addition and what is not included