Wednesday, 23 April 2014

AMENDMENTOF APPLICATIONS AND SPECIFICATIONS

Sections 57 - 58 deal with the amendment of applications and specifications.

Amendment of applications and specifications before Controller (s. 57). The Controller is empowered to allow the application for the patent or the complete specification to be amended. The applicant has to state the nature of the proposed amendment, and give full particulars of the reasons for which the application is made. However if the application is made after the acceptance of the complete specification, then the nature of the proposed amendment shall the advertised. If any person interested gives a notice opposing the amendment, then the Controller shall give an opportunity to both the applicant and the opponent to be heard before he decides the application.

Amendment of specifications before High Court (s. 58). After the sealing of the patent a other than patentee can apply to a High court for revocation Person of the patent. However, the High Court may instead of revoking the paten, order amendment of the specification to preserve the rights of the patentee.

Supplementary provision as to amendment of application or specification (s.59). No amendment of an application for a patent or a complete specification shall be made except by way of disclaimer, correction or explanation. Further no such amendment shall be allowed, except for the purpose of correcting an obvious mistake

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