Patents Of Addition Lack Examination Procedures

The Indian Patent Act, 1970 (act) is based on the 1959 Report on the Revision of the Patents Law of the Ayyangar Committee and governs the patent framework. In particular, the act allows patentees to request the grant of a patent of addition to cover improvements to or modifications of the invention covered by the main patent. The main patent will only have been granted if the application for it satisfies the test of invention and a patent of addition will only be granted after the grant of the main patent.

Under the act there are five categories of applications.

• Ordinary applications that have been filed directly in the Indian Patent Office (office);
• Convention [Paris Convention] applications;