Patent of Addition and Divisional Applications

Patent of Addition and Divisional Applications. The Patent of Addition is modification or addition of more material to the improvement of already patented invention and divisional application is to protect the multiple inventions of the parent application (i.e. lack of unity of invention) and to get grant of the same too. A clear breakdown of Patent of Addition and Divisional Application under the Indian Patent Act, 1970.
Learn more about Patent Filing and Prosecution in India.
Patent of Addition in India
Patent of Addition is a special type of patent granted for an improvement or modification of an already patented invention. 
Key Features:

Eligibility: The applicant must already hold a patent (the "main invention"). The improvement or modification must be related to that main invention.

Application Process: Filed in the same manner as an ordinary patent. The applicant/patentee must mention the number of the main patent.

Term of Patent: No separate term. It expires along with the main patent. Example: If the main patent expires in 2028, the patent of addition also ends in 2028.

Fees: No renewal fee is required while the main patent is in force. If converted into an independent patent (when the main patent is revoked), then renewal fees apply.

Legal Provision: Governed by Sections 54–56 of the Patents Act, 1970.

Patent of Divisional Application in India
A Divisional Application is filed when a patent application discloses more than one invention (lack of unity of invention). 
Key Features:

Eligibility: The Applicant can voluntarily file, or the Controller may direct filing of a divisional if multiple inventions are found.

Priority Date: Inherits the priority date of the parent application.

Contents: Claims in the divisional must be based on the disclosure in the parent specification. No new matter can be added.

Term of Patent: Same 20-year term counted from the filing date of the parent application, not from the divisional filing date.

Legal Provision: Governed by Section 16 of the Patents Act, 1970.

Key Differences: Patent of Addition vs. Divisional Application

Aspect

Patent of Addition

Divisional Application

Purpose

For improvements or modifications of an existing patented invention

For separating multiple inventions disclosed in one application

Dependency

Depends on the main patent

Independent patent application

Term

Expires with the main patent

20 years from parent application filing date

Renewal Fees

No fees while main patent is in force

Renewal fees applicable

Legal Sections

Sections 54–56

Section 16

Example:

If a company patents a smartphone (main patent), and later develops an improved battery-saving feature, it can file a Patent of Addition.

If the original smartphone patent disclosed two separate inventions (say, a new battery + a new screen technology), a Divisional Application can be filed to protect each invention separately.

Conclusion
Both Patent of Addition and Divisional Applications are important mechanisms under the Indian Patents Act, 1970, designed to give inventors flexibility in protecting their innovations. A Patent of Addition allows inventors to secure rights over improvements or modifications of an already patented invention without having to maintain it separately, while a Divisional Application ensures that when multiple inventions are disclosed in a single filing, each can be protected independently with its own set of claims. In practice, choosing between the two depends on the nature of the invention: a] Go for a Patent of Addition if it is an improvement or modification of your existing patented invention and b] Go for a Divisional Application if your original patent application inadvertently included more than one invention. Together, these provisions strengthen patent protection in India, ensuring innovators can safeguard both their core inventions and subsequent developments in a structured and legally compliant manner.
FAQs
Q1. What is a Patent of Addition in India? 
Ans. A Patent of Addition is granted for an improvement or modification of an already patented invention. It depends on the main patent and expires along with it. 
Q2. When can I file a Patent of Addition? 
Ans. You can file it if you have already obtained a patent and later develop an improvement or modification directly related to that invention. 
Q3. Do I need to pay renewal fees for a Patent of Addition? 
Ans. No renewal fees are required while the main patent is in force. However, if the main patent is revoked and the patent of addition becomes an independent patent, renewal fees will apply. 
Q4. What is a Divisional Application under Indian Patent Law? 
Ans. A Divisional Application is filed when a single patent application discloses more than one invention. It allows the applicant to “divide” the application so that each invention is examined separately. 
Q5. Does a Divisional Application get a fresh 20-year term? 
Ans. No. The term of a divisional patent is calculated from the filing date of the parent application, not from the divisional filing date. 
Q6. Can a Divisional Application introduce new subject matter? 
Ans. No. Claims in a divisional application must be based entirely on the disclosure in the parent specification. New matter cannot be added. 
Q7. Which sections of the Patents Act, 1970 govern these concepts? 
Ans. Patent of Addition: Sections 54–56
         Divisional Application: Section 16 
Q8. What is the key difference between Patent of Addition and Divisional Application? 
Ans. Patent of Addition is for improvements or modifications of an existing patent. Divisional Application is for separating multiple inventions disclosed in one application.

The Patent of Addition is modification or addition of more material to the improvement of already patented invention and divisional application is to protect the multiple inventions of the parent application (i.e. lack of unity of invention) and to get grant of the same too. A clear breakdown of Patent of Addition and Divisional Application under the Indian Patent Act, 1970.

Learn more about Patent Filing and Prosecution in India.

Patent of Addition in India

Patent of Addition is a special type of patent granted for an improvement or modification of an already patented invention.

Key Features:

Eligibility: The applicant must already hold a patent (the "main invention"). The improvement or modification must be related to that main invention.

Application Process: Filed in the same manner as an ordinary patent. The applicant/patentee must mention the number of the main patent.

Term of Patent: No separate term. It expires along with the main patent. Example: If the main patent expires in 2028, the patent of addition also ends in 2028.

Fees: No renewal fee is required while the main patent is in force. If converted into an independent patent (when the main patent is revoked), then renewal fees apply.

Legal Provision: Governed by Sections 54–56 of the Patents Act, 1970.

Patent of Divisional Application in India

A Divisional Application is filed when a patent application discloses more than one invention (lack of unity of invention).

Key Features:

Eligibility: The Applicant can voluntarily file, or the Controller may direct filing of a divisional if multiple inventions are found.

Priority Date: Inherits the priority date of the parent application.

Contents: Claims in the divisional must be based on the disclosure in the parent specification. No new matter can be added.

Term of Patent: Same 20-year term counted from the filing date of the parent application, not from the divisional filing date.

Legal Provision: Governed by Section 16 of the Patents Act, 1970.

Key Differences: Patent of Addition vs. Divisional Application

Aspect	Patent of Addition	Divisional Application
Purpose	For improvements or modifications of an existing patented invention	For separating multiple inventions disclosed in one application
Dependency	Depends on the main patent	Independent patent application
Term	Expires with the main patent	20 years from parent application filing date
Renewal Fees	No fees while main patent is in force	Renewal fees applicable
Legal Sections	Sections 54–56	Section 16

Example:

If a company patents a smartphone (main patent), and later develops an improved battery-saving feature, it can file a Patent of Addition.
If the original smartphone patent disclosed two separate inventions (say, a new battery + a new screen technology), a Divisional Application can be filed to protect each invention separately.

Conclusion

Both Patent of Addition and Divisional Applications are important mechanisms under the Indian Patents Act, 1970, designed to give inventors flexibility in protecting their innovations. A Patent of Addition allows inventors to secure rights over improvements or modifications of an already patented invention without having to maintain it separately, while a Divisional Application ensures that when multiple inventions are disclosed in a single filing, each can be protected independently with its own set of claims. In practice, choosing between the two depends on the nature of the invention: a] Go for a Patent of Addition if it is an improvement or modification of your existing patented invention and b] Go for a Divisional Application if your original patent application inadvertently included more than one invention. Together, these provisions strengthen patent protection in India, ensuring innovators can safeguard both their core inventions and subsequent developments in a structured and legally compliant manner.

FAQs

Q1. What is a Patent of Addition in India?

Ans. A Patent of Addition is granted for an improvement or modification of an already patented invention. It depends on the main patent and expires along with it.

Q2. When can I file a Patent of Addition?

Ans. You can file it if you have already obtained a patent and later develop an improvement or modification directly related to that invention.

Q3. Do I need to pay renewal fees for a Patent of Addition?

Ans. No renewal fees are required while the main patent is in force. However, if the main patent is revoked and the patent of addition becomes an independent patent, renewal fees will apply.

Q4. What is a Divisional Application under Indian Patent Law?

Ans. A Divisional Application is filed when a single patent application discloses more than one invention. It allows the applicant to “divide” the application so that each invention is examined separately.

Q5. Does a Divisional Application get a fresh 20-year term?

Ans. No. The term of a divisional patent is calculated from the filing date of the parent application, not from the divisional filing date.

Q6. Can a Divisional Application introduce new subject matter?

Ans. No. Claims in a divisional application must be based entirely on the disclosure in the parent specification. New matter cannot be added.

Q7. Which sections of the Patents Act, 1970 govern these concepts?

Ans. Patent of Addition: Sections 54–56

Divisional Application: Section 16

Q8. What is the key difference between Patent of Addition and Divisional Application?

Ans. Patent of Addition is for improvements or modifications of an existing patent. Divisional Application is for separating multiple inventions disclosed in one application.