- If a patented filed invention (legally called the main invention) is modified with significance and the older patent is in the name of the same applicant, then the applicant shall file for a patent of addition request and the controller shall grant the patent for the improvement made.
- If a patent granted invention is modified and the applicant / patentee requests for a grant, the controller will revoke (cancel) the old patent (main invention) and grant the patent for the improved invention on the same date of the older patent.
- The patent of addition’s date of request should be same or later than the older patent application date.
- Patent of Addition will not be granted before the grant of the older patent application (main invention).
Note:
The patentability criterion for the patent of addition is almost the same that applies for a new patent. Mere workshop modifications or obvious improvements made shall not be claimed for patent of addition.