Section 54 – THE PATENTS ACT, 1970

Patents of addition

(1)Subject to the provisions contained in this
section, where an application is made for a patent in respect of any improvement in or
modification of an invention described or disclosed in the complete specification filed
therefor (in this Act referred to as the “main invention”) and the applicant also applies or
has applied for a patent for that invention or is the patentee in respect thereof, the
Controller may, if the applicant so requests, grant the patent for the improvement or
modification as a patent of addition.
(2) Subject to the provisions contained in this section, where an invention, being an
improvement in or modification of another invention, is the subject of an independent
patent and the patentee in respect of that patent is also the patentee in respect of the
patent for the main invention, the Controller may, if the patentee so requests, by order,
revoke the patent for the improvement or modification and grant to the patentee a patent
of addition in respect thereof, bearing the same date as the date of the patent so revoked.
(3) A patent shall not be granted as a patent of addition unless the date of filing of the
application was the same as or later than the date of filing of the application in respect of
the main invention.
(4) A patent of addition shall not be granted before grant of the patent for the main invention

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