IP Intelligence › In Simple Words › Patent of addition
In simple words
Patent of addition
You improved your own patented invention. The improvement is not inventive over your own patent. There is a specific mechanism for exactly this.
- In simple words
- An application for an improvement or modification of an invention for which you already have a patent or a pending application, granted for the unexpired term of the main patent and without separate renewal fees.
- Think of it as
- An extension wing on a building you already own.
- Why it matters
- Its advantage is that the main patent cannot be used to attack the addition for lack of inventive step. Its cost is that it lives and dies with the main patent - if the main patent ceases, so does the addition, unless it is converted to an independent patent.
- A simple example
- You hold a patent on a filter. A year later you find a better housing geometry that would be obvious over your own filter. A patent of addition may be the right route rather than a fresh application.
- Common mistake
- Using a patent of addition for something that is genuinely inventive on its own. That gives away independent term and independent life for no reason.
- Where it comes from
- Patents Act 1970, sections 54, 55 and 56
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
Related
Divisional application
A further application under section 16, filed in respect of an invention disclosed in the provisional or complete specification already filed, which may be filed at …
Term of a patent
Twenty years from the date of filing the application - or, for a PCT application designating India, twenty years from the international filing date - subject to rene…
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Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.
