Patents of addition
Section 54 of the Patents Act, 1970 deals with patents of addition. 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 The Act came into force on 01 Apr 1978.
(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 1[application] was the same as or later than the date of filing of the 1[application] in respect of the main invention.
2[(4) A patent of addition shallnot be granted before grant of the patent for the main invention].
Section 54, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Selfdot Technologies (OPC) Pvt. Ltd. v. Controller General of Patents, Designs & Trade Marks
Court's Decision & Legal Precedent
s.39 written-permit rule for residents filing abroad applies to patents of addition / CIP after Indian parent first-filing, but bona fide belief that parent filing satisfied the permit duty is credible where parent was first filed in India and PoA is ancillary; ambiguity in applying s.39 to PoA does not justify harsh refusal without nuanced construction.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… By focusing attention on the expression "an invention" in sub-section (1) of Section 39, learned counsel submitted that the same expression finds place in sub-section (1) of Section 54 of the Patents Act, which deals with patents of addition. Therefore, learned counsel contended that Section 39 is not applicable because the parent was first filed in India. In this regard, he also pointed out that the parent invention relates to automated verification of a security label and that the patent of …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 54
What have the courts held on Section 54 of the Patents Act?
Selfdot Technologies (OPC) Pvt. Ltd. v. Controller General of Patents, Designs & Trade Marks (28 Nov 2023) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 54 of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 54, section 54 Patents Act, section 54 of the Patents Act. People searching for it also type patent act section 54. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Selfdot Technologies (OPC) Pvt. Ltd. v. Controller General of Patents, Designs & Trade Marks (28 Nov 2023).
What should I read with Section 54 of the Patents Act, and has it changed?
3 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Patents Rules, 2003 (2003).
When did Section 54 of the Patents Act come into force?
Section 54 of the Patents Act, cited as Patents Act 54, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.