Patents of Addition under Patents Act, 1970: Meaning, Term and Validity
Patents of Addition under Patents Act, 1970
1. Meaning
A Patent of Addition is a special kind of patent granted for an improvement or modification of an invention for which the main patent (called the main patent) has already been granted. It protects the incremental developments or improvements related to the original invention.
It is dependent on the main patent.
The improvement may be a new process, a better design, or an additional feature of the existing patented invention.
The idea is to provide protection for developments that do not qualify as completely new inventions but still have inventive value.
2. Legal Provisions (Section 54 of the Patents Act, 1970)
A patent of addition can be applied for during the term of the main patent.
The application for a patent of addition must relate to the invention for which the main patent has been granted or applied.
If the main patent is revoked or ceases to have effect, the patent of addition ceases to have effect as well.
3. Term of Patent of Addition
The term of a patent of addition is co-terminus with the main patent.
It expires along with the main patent, no matter when it was granted.
This means the maximum life is the remaining term of the main patent at the time the patent of addition is granted.
4. Validity and Enforceability
The patent of addition cannot be assigned or licensed separately from the main patent without the main patent.
Infringement of a patent of addition is treated the same as infringement of the main patent.
If the main patent is revoked (e.g., due to invalidity), the patent of addition automatically ceases to have effect.
This ensures that the patent of addition depends on the validity and existence of the main patent.
5. Benefits of Patent of Addition
Protects incremental innovations related to the original invention.
Allows the inventor to safeguard improvements without filing a completely new patent.
Saves time and costs, as patent of addition usually faces a simpler examination process.
Summary
| Feature | Description |
|---|---|
| Definition | Patent granted for improvement/modification of an existing patented invention. |
| Term | Co-terminus with the main patent (expires with the main patent). |
| Dependency | Depends on the main patent; ceases if main patent revoked. |
| Separate Transfer | Cannot be assigned/licensed separately without the main patent. |
| Legal Basis | Governed by Section 54 of the Patents Act, 1970 (India). |
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