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Patents Act, 1970 · Chapter X — Amendment of Applications and Specifications

Section 58: Amendment of specification before Appellate Board or High Court

Text of section 58

(1) In any proceeding before the the High Court for the revocation of a patent, the the High Court,, may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the the High Court may think fit, and if in any proceedings for revocation the the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent.

(2) Where an application for an order under this section is made to the the High Court, the applicant shall give notice of the application to the Controller, and the Controller shall be entitled to appear and be heard, and shall appear if so directed by the the High Court.

(3) Copies of all orders of the the High Court allowing the patentee to amend the specification shall be transmitted by the the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register.

All sections of the Patents Act, 1970

Text of the Patents Act, 1970 as amended up to 2024, from the consolidated version published by the Office of the Controller General of Patents, Designs and Trade Marks (IP India). Reproduced under section 52(1)(q) of the Copyright Act, 1957. Check the official text before relying on it.