Patents
[CAP.400
(8) An appeal shall lie from any decision of the Registrar under
this Section.
(As amended by C.N. No. 185 of 1964; S.l. No. 175 of 1965
and AcT No. 18 of 1980)
31. (I) Subject to the provisions of this section, where an appli
cation for a patent is pending or has been granted thereon for an
invention (hereinafter referred to as the main invention) and the
applicant or patentee applies for a further patent in respect of any
improvement in or modification ofthe main invention, the Registrar
may, if the applicant so requests, grant a patent for the improvement
or modification as a patent of addition.
(2) Subject to the provisions of 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 inven
tion, the Registrar 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 -hall not be granted as a patent of addition unless the
date ~f lodging of the complete specification was the same as or later
than the date of lodging of the complete specification in respect of
the main invention .
. (4) A patent of addition shall not be sealed before the sealing of
the patent for the main invention. and if the period within which, but
for this provi Ion. I-Je sealing of a patent of addition could be made
under section.' <y-five expires before the period within which the
sealing of the patent for the main invention may be so made. the seal
ing of the patent of addition may be made at any time within the last
mentioned period.
(5) A patent of addition shall remain in force for as long as the
patent for the main invention shall remain in force, including any
extension of the term thereof but no longer, and no fees shall be
payable for renewal of a patent of addition:
Provided that. where the patent for the main invention is revoked,
the Registrar or the High Court, as the case may be, may order that
the patent of addition shall become an independent patent, and the
fees payable in respect of such independent patent and the times for
the payment thereof shall be determined according to the date of the
former patent of addition. but the normal term of the independent
patent shall not extend beyond the date on which the patent for the
main invention would have expired if it had not been revoked.
(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
Patents of
addition
33