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Guided answer
I filed a patent application and now want to add a new feature. What are my options?
Amendment, a fresh application, a divisional or a patent of addition - which one is even possible depends on what you filed, its status, and whether the feature was already described.
A refused, withdrawn or abandoned application cannot be amended or divided.
High complexity - significant legal consequences
Please review this with an advocate, patent attorney or registered patent agent before you act. Do not rely on this answer alone.
- Confirm the exact status and date. If it was refused, ask your attorney immediately whether an appeal is available and within what time.
- If it was published (section 11A), it is prior art against a fresh application for the same subject matter.
- If it was withdrawn at least three months before its publication date, it is not published (section 11A(3)(c)).
- A fresh application can include the new feature, with a new date.
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Educational guidance only - not legal advice. Do not rely on it. It cannot see your documents, your dates or the prior art, and those usually decide the answer. Laws, rules, forms, fees and deadlines change. Please review your situation with a qualified advocate, patent attorney or registered patent agent before you act or decide not to act.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.