Section 54 of The Patents Act, 1970, PA : Section 54: Patents Of Addition

Explanation using Example

Let's consider a hypothetical scenario for better understanding. John, an inventor, has developed a new type of electric car (main invention) and has filed a patent for it. Later, he comes up with an improvement to the car in the form of a more efficient battery system (modification). According to Section 54(1) of The Patents Act, 1970, John can apply for a patent for this improvement as a 'patent of addition', provided he requests for it.

Now, let's say John already had an independent patent for this efficient battery system but he is also the patentee of the main electric car invention. As per Section 54(2), upon John's request, the Controller can revoke the independent patent for the battery system and grant it as a 'patent of addition' to the main invention, bearing the same date as the revoked patent.

However, Section 54(3) stipulates that the application for the patent of addition (the improved battery system) must have been filed on the same date or later than the application for the main invention (the electric car).

Finally, according to Section 54(4), the patent for the main invention (the electric car) must be granted before the patent of addition (the improved battery system) can be granted.