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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.
A divisional (further) application may be possible - but only before grant.
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.
Section 16 allows a further application, before grant, for an invention disclosed in the provisional or complete specification already filed.
- The divisional must not include matter not in substance disclosed in the parent (section 16(2)). It cannot be used to add new matter.
- It is treated as filed on the parent's date (Explanation to section 16(3)).
- The Controller can require amendments so that neither application claims what the other claims (section 16(3)).
- Rule 13(2A) allows further applications, including from an earlier further application.
- The request for examination is due within 31 months from the parent's filing or priority date, or six months from filing the divisional, whichever is later (rule 24B(1)(iv)).
- Read the leading case: Syngenta Limited v Controller (IP Lex).
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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.