What is a patent of addition?

While a regular patent application seeks protection for a complete invention, inventors sometimes develop improvements or modifications to their already-patented inventions. This is where the concept of a patent of addition comes in.
A patent of addition, also goes by the name Continuation in Part (CIP) application, is a specific type of patent application used to secure protection for improvements or modifications made to an existing invention that is already protected by a granted patent. This allows inventors to further enhance their original invention and extend their intellectual property rights without filing a completely new patent application.

Below table outlines the key differences between a patent of addition and a regular patent application:

Aspect Regular Patent Application Patent of Addition or Continuation in Part (CIP) application
Purpose To secure protection for a completely new invention To secure protection for improvements or modifications of an existing, granted patent
Requirements Must meet all criteria for patentability (novelty, inventiveness, and utility) Must be directly related to the original patented invention
Filing Timeframe Can be filed anytime Can only be filed after the original patent application is granted and in some jurisdictions, within a specific timeframe
Examination Process Undergoes a full examination by the patent office Typically undergoes a less extensive examination focused on the novelty and inventiveness of the improvements

To file a patent of addition, the following requirements are generally met:

  1. The applicant must be the same as the applicant (or assignee) of the original patent
  2. The improvements or modifications must be directly related to the original patented invention
  3. The improvements or modifications must meet the novelty and inventive step requirements, although some jurisdictions might have specific exceptions

Filing a patent of addition allows inventors to maintain control over the entire scope of their invention, including both the original and the improved versions.

Filing a patent of addition is typically less expensive than filing a regular patent application due to the less extensive examination process. Patent additions can be granted faster than regular patents due to the streamlined examination.

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