Category: Patent of Addition

Section 53 – Term of Patent

Those patents with validity and granted after 2002 [Patents (amendment) Act, 2002] will have a validity of 20 years from the date of filing the application. For international applications filed under PCT designating India, the validity shall be 20 years from the date of international filing as per PCT. If the renewal fee to the…

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Section 54: Patents of Addition

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…

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Section 55: Term of Patents of Addition

Validity of Patents of Addition will be same as the main invention and the protection will expire as on the date of expiry of the main invention. If the applicant requests to consider the patent of addition as a new or independent patent and if the Controller permits the applicant so, the patent shall continue…

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Section 56 – Validity of Patents of Addition.

The grant of any patent of addition shall not be refused or revoked (cancelled) after grant just because it does not have any inventive step compared to the main invention or by the aspect that if the improvements provided are ought to be a new invention / independent invention in any manner. The previous invention’s…

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