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Patent of addition or a separate application?
For an improvement to your own invention. A patent of addition avoids an inventive-step attack over your main invention, but it lives and dies with the main patent.
A patent of addition is not available unless the applicant lines up with the main invention.
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.
- If the improvement belongs to a different person or company, it needs an ordinary application.
- If ownership should be the same, sort out the assignment in writing first, and record it.
- Different inventors do not prevent a patent of addition, but inventorship must be correct on each application.
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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.