April 16, 2021

Patents of Addition under Patents Act, 1970: Meaning, Term and Validity

Patent

Meaning of Patents of Addition

Patent of addition may be granted for those improvements or modifications in the main invention which the patentee might have made during the working of his patent but which might not possess sufficient inventiveness to qualify for an independent patent. The patent of addition is granted only for the unexpired term of the main patent.

Grant of a Patents of Addition

where an application is made for a patent in respect of any improvement in or modification of an invention described or disclosed in the complete specification filed they’re off the main invention and the application also applies for a patent for that invention or is the patentee in respect thereof, the controller may if the application so request, grant the patent for the improvement or modification as a patent of addition.

where and invention being an improvement in and modification of another invention is the subject of an independent patent and the patentee in respect of that patent is also the patentee in respect of the patent for the main invention, the controller main, if the patents or request by order revoke the patent for the improvement of modification and grant to the patently the patent of addition and respect they’re of wearing the same date as the date of the patent so revoked.

a patent of addition is not to be granted as a patent of addition unless the date of filing of the application was the same or later than the date of filing of the application in the respect of the main invention, a patent of addition is not to be granted before the grant of the patent of the main invention.

Term of Patents of Addition

According to section 55, a patent of addition is to be granted for a term equal to that of the patent for the main invention, or so much thereof as has not expired. Such a patent is to remain in force during the term or until the previous season of the patent for the main invention and no longer.

if the patent for the main invention, however, is a reward, the court order controller on the request of the patentee, main order that the patent of addition is to become an independent patent for the remainder of the term for the patent for the main invention for stopping the patent shall thereof, continue in force as an independent patent.

no renewal fees are payable in respect of patent of addition, but if any such patent becomes an independent patent, the same fees shall thereafter BE payable upon the same date as if the patent had been originally granted as an independent patent.

 

The validity of the Patent of Addition

Application for the patent of addition cannot be challenged on the ground of lack of inventive step concerning the disclosure in the main application or patent. but the disclosure in the main application or patent may be cited for Novelty against the application for patent of addition.

according to section 56, the grant of a patent of addition is not to be refused and a patent granted as a patent of addition is not to be revoked or invalidated on the ground only that the invention claimed when the complete specification does not involve any inventive step having regard to any publication or use of

  1. The main invention described in the complete specification relating thereto; or
  2. any improvement in or modification of the main invention described in the complete specification of a patent of addition to the patent for the main invention or of an application for such a patent of addition. The validity of a patent of addition is not to be questioned on the ground that the invention or to have been subjected to an independent patent.

In determining the novelty of the invention claimed in the complete specification filed in pursuance of an application for a patent of addition regards Shelby had also to the complete specification in which the main invention is described.


Authored by: Dhananjay Bhattacharya [Alumnus of VES college of Law (2014-2019)]

Instagram

Leave a Reply