A patent of addition or continuation-in-part application is filed to place something on top of an existing patent as an improvement or modification, offering protection for enhancements that strengthen the original invention.
Key Features of a Patent of Addition or Continuation-in-part (C-I-P):
- Dependent on the Original Patent: A Patent of Addition or C-I-P application is tied to the original (or “parent”) patent. It shall remain in force as long as the parent patent is in force. In case the parent patent is revoked, the patent of addition or C-I-P can become an independent patent for the remainder of the term, and shall continue to be in force as an independent patent.
- Same Priority Date: The Patent of Addition or C-I-P does not get a new priority date but is linked to the priority date of the parent patent.
- No Separate Renewal Fees: Patents of Addition do not require separate renewal fees as they are maintained through the renewal fees of the parent patent.
- No Need to Demonstrate Inventive Step: Unlike a new patent application, a Patent of Addition does not require the invention to involve an inventive step over the parent patent. This makes it easier to obtain protection for improvements that may not be considered to lack inventive step.
When drafting a Patent of Addition or a C-I-P, it is important to clearly distinguish between the original invention and the new improvements or additions. The specification should comprehensively describe the enhancements, explain how the improvements were derived or differ from the original invention, and provide detailed embodiments and examples supporting the additional aspects. The claims should be carefully drafted to ensure that the new aspects are clearly protected while maintaining consistency with the scope of the original patent. The patent of addition or continuation-in-part application retains the filing date of the original (parent) application.