Patents Act, 1978 (Act No. 57 of 1978)Chapter V : Applications for patents39. Manner of obtaining and effect of patent of addition |
| (1) | Where a patent for an invention (hereinafter referred to as the main invention) has been applied for or granted, and the applicant or the patentee applies in the prescribed manner for a further patent in respect of any addition to, improvement in or modification of the invention described or claimed in the complete specification of the main invention, he may be granted a patent of addition. |
| (2) | The period for which such patent of addition shall be granted, shall be so much of the period of the patent for the main invention as is unexpired, and no fees shall be payable for the renewal of such patent of addition. |
| (3) | Where an invention consisting of an addition to or improvement in or modification of a main invention is the subject of an independent patent, and the patentee in respect of the independent patent, being also the patentee in respect of the main invention, so requests, the registrar may revoke the independent patent and grant a patent of addition in respect of the addition, improvement or modification, having the same date of application as the independent patent so revoked, and having effect from the date as from which that patent had effect. |
| (4) |
| (a) | Where the patent for the main invention is surrendered, revoked, refused or abandoned, the patent of addition shall, unless the commissioner or the registrar otherwise directs, become an independent patent and the normal term of such independent patent shall not extend beyond the date on which the patent for the main invention would have expired if it had not been surrendered, revoked, refused or abandoned. |
| (b) | The prescribed renewal fees which would have been payable in respect of the patent for the main invention shall, as from the date on which a patent becomes an independent patent in terms of paragraph (a), be payable in respect of the last-mentioned patent. |
[Sub-section (4) substituted by section 3 of Act No. 67 of 1983.]
| (5) | An application for a patent of addition shall not be accepted before the acceptance of the application for the patent for the main invention: Provided that where no patent is granted for the main invention, the application for a patent of addition may be dealt with as an ordinary application for a patent. |
| (6) | The grant of a patent of addition shall be conclusive evidence that the invention is a proper subject for such a patent, and shall not be refused, nor shall any such patent be liable to be revoked or invalidated, on the ground only that the invention claimed in the complete specification does not involve any inventive step having regard to the main invention. |
| (7) | A patent for a main invention and its patent of addition shall not be capable of assignment apart from one another. |