Divisional applications and patent of addition

Divisional application

A divisional application lets you divide a patent application — the parent — into two or more applications.

This allows you to make a separate application with the same priority date as the original application.

Reasons for filing

• You want to protect some of the subject matter in the parent application with its own patent
• Our examination report said your application claimed more than one invention
• You need more time to overcome objections raised in our examination report.

Eligibility

• The parent application can't have already lapsed
• The invention must be disclosed in the parent application.

How to apply

You'll need to:

• Draft your new specification
• Start a new standard patent application in online services
• Indicate that you're making a divisional application and fill out your application form.

Apply via online services

Patent of addition

If you've already filed a standard patent application and now want to add an improvement or modification to your invention, you can apply for a patent of addition to include your new idea.

It needs to be a modification that wasn't described in your original application.

Patents of addition aren't common. We recommend you seek professional assistance if you're considering applying for one.

Reasons for filing

You can apply for a patent of addition if you've modified your original idea and want to protect the new version.

For example, you've had a patent granted for a tennis racket with a handle made from a special form of carbon fibre. And now you have another idea that is also novel and inventive – making tennis racket strings from a plastic material.

You could either:

• File a new standard patent application for a tennis racket with the special string material
• Apply for a patent of addition that claims the tennis racket with the special handle and incorporates the new strings.

Eligibility

Your patent of addition:

• Can't claim matter that was disclosed in the parent specification
• Won't be accepted unless you've asked us to examine the parent application
• Won't be accepted unless the parent application has been accepted
• Can't be granted until the parent patent has been granted
• Won't be accepted or granted if the parent patent has ceased. However, if the parent patent has ceased, you can convert your application into a standard patent application.

What you'll need to prepare

You'll need to:

• Draft your new specification in the same way as a standard patent application, making sure you refer to the parent application and its claims
• Identify the invention described in the parent application and describe the improvement or modification that you've made. For example, 'A bed sheet tensioner, as claimed in any one of claims one to six of patent number 2022654321, where as...'.

How to apply

You'll need to:

• Draft your specification
• Start a new standard patent application in online services
• Indicate that you're making a patent of addition application and fill out your application form.

Apply via online services