In several countries a Patent of Addition (POA)―also referred to as ‘dependent patent’, ‘improvement patent’ and ‘continuation-in-part’ in other jurisdictions― is a special type of patent granted for improvement or modification of a patented or ‘patent-pending’ invention, which is referred to as the main invention.
POAs are aimed at encouraging inventors to continue refining their original inventions without having to file fresh patent applications. They help protect novel enhancements that mat not entail significant inventive steps over the original invention, consequent to which they may not satisfy patentability criteria.
An applicant may request the grant of a POA for an innovative idea, which is an enhancement over a patented (or, ‘patent-pending’) invention. The Patents Office may accept the application for POA, if the inventor thereof is the applicant or patentee of the main invention. This means the improvement must be linked to the original invention and owned by the same person or entity.
Applications for patents of addition can be filed to cover enhancements, modifications, or variations of the main invention that were either omitted in the initial application or conceived and demonstrated later.
For a novel improvement to be eligible for grant of patent of addition, it must be capable of industrial application. A patent of addition is exempt from the need to demonstrate a distinct inventive step (or, non-obviousness) over the main invention. POA filing can be made for enhancements that increase yield or efficiency of process; enhance durability or functional performance of products and devices; add new variations or embodiments to the original invention; and, so on.
A vital aspect of POAs is its validity term, which extends to the rest of the main patent’s remaining life. In effect, POAs do not enjoy the independent twenty-year validity period; instead, they remain in force till the main patent expires.
Many innovations evolve after the first filing, and inventors often conceive new features, better mechanisms, or improved processes. Instead of filing a completely new patent application, they can protect the improvement through the POA route.
Thus, the object of POA is to simplify the patenting procedure for incremental innovations. It allows the inventor to protect the enhancement without initiating a wholly separate patent strategy and application filing process.
The invalidation of a patent of addition cannot be sought merely because the improvement therein lacks an inventive step―a patentability prerequisite― over the main invention. But, since the POA is based on the patentee’s own earlier invention, the law gives special treatment to such improvements. This encourages continuous innovation by existing patentees.
It is thus apparent that the filing of POAs saves cost and time; it reduces administrative burden, while maintaining continuity with the main patent. Further, no separate renewal fee is payable for a POA. Besides, the grant of a POA cannot be challenged on the ground that it should have been an independent patent.
It must be remembered though that a POA is for an improvement over an existing patent; contrarily, a divisional patent is a separate invention and is carved out of or divided from the parent patent.
In conclusion, patents of addition are a legal mechanism that promotes ongoing technological development. It fosters innovation by offering inventors economical and efficient protection for improvements. Thus, it plays a vital role within the patenting system.
At BLAZE VENTURES, we have elaborate processes and qualified professionals to help inventors and enterprises effectively create and protect IP rights over their ideas, inventions and innovations.
