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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.
An amendment of the claims may be possible.
Moderate complexity - several routes or missing facts
Please review this with an advocate, patent attorney or registered patent agent before you act. Do not rely on this answer alone.
Under sections 57 and 59, an amendment must be by way of disclaimer, correction or explanation. It cannot add matter not in substance disclosed, and every amended claim must fall wholly within the scope of a claim before amendment.
- Because amended claims must fall within the existing claims, adding the feature usually narrows the claim. Decide whether a narrower claim is what you want.
- Amendments are normally made in reply to the examination report, or by a request on Form 13 under section 57.
- An amendment can change the priority date of a claim (section 57(5)).
- If you want to keep the broad claim as well, ask whether a divisional for the narrower version is possible instead - but avoid two applications claiming the same thing (section 16(3)).
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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.