Amendment of Patent Applications and specifications

Amendment of Patent Applications and specifications

Under sec 57 of the Indian Patents Act, the controller may amend the application for patent or the complete specification or any document relating thereto to be amended subject upon an application made by the applicant or patentee under this section. Thus, a controller cannot suo moto amend the above mentioned and that the power of the controller to correct the clerical error under sec 78 does not empower him to make amendments.[1] Also, the application for amendment can be made both before the granting of patent and after granting of a patent. But, the power of the controller to make amendments under this section is subject to one important condition that he cannot pass any order allowing or rejecting the application for an amendment if any suit regarding the infringement of trademark or a proceeding for revoking a patent is pending before the High Court.

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