FOR IP PROFESSIONALS

Applying for a patent of addition

You may find a patent of addition useful if you already have a patent (the parent), either as an application or granted, and you want another patent for an improvement or a modification of the invention of your first patent. If you feel the improvement is significant then you may find applying for new standard patent application suits your needs.

The conditions for applying for a patent of addition are outlined below.

What are the requirements?

There are four key requirements to be met when applying for a patent of addition:

1. A patent of addition cannot be an innovation patent and cannot have an innovation patent as a parent.

2. A patent of addition cannot exist on its own, so the following conditions apply

  • We will not examine an application for a patent of addition unless you have asked us to examine the parent application. We will not accept an application for a patent of addition unless the parent application has been accepted.
  • A patent of addition cannot be granted until the parent patent has been granted.
  • A patent of addition will not be accepted or granted if the parent patent has ceased. A patent can cease if you fail to renew the parent or if the parent reaches the end of its 20 year term.

3. The complete specification of an application for a patent of addition must be filed on or after the date on which the parent complete application was filed.

4. You should use our Patent Request: Standard Patent/Patent of Addition form [420 KB]. You must indicate at the patent or application number of the parent.

Get professional advice

Patent matters can involve complex legal issues and it may be in your best interests to consult a patent attorney, solicitor experienced in IP or your business adviser for specific assistance and advice.

More information

Last Updated: 03/4/2014

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