Section 57. Amendment of application and specification before Controller

CHAPTER X AMENDMENT OF APPLICATIONS AND SPECIFICATIONS 57. Amendment of application and specification before Controller . — (1) Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification[3] [or any document relating thereto] to be amended subject to such conditions, if any, as the Controller thinks fit: Provided that the Controller shall not pass any order allowing or refusing an application to amend an application for a patent or a specification[3] [or any document relating thereto] under this section while any suit before a court for the infringement of the patent or any proceeding before the High Court for the revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing of the application to amend. (2) Every application for leave to amend an application for a patent[4] [or a complete specification or any document relating thereto] under this section shall state the nature of the proposed amendment, and shall give full particulars of the reasons for which the application is made. 1. Subs. by Act 15 of 2005, s. 39, for "complete specification" (w.e.f. 1-1-2005). 2. Subs. by s. 39, ibid ., for ss. (4) (w.e.f. 1-1-2005). 3. Ins. by Act 38 of 2002, s. 28 (w.e.f. 20-5-2003). 4. Subs. by s. 28, ibid ., for "or a specification" (w.e.f. 20-5-2003). 1[(3) Any application for leave to amend an application for a patent or a complete specification or a document related thereto under this section made after the grant of patent and the nature of the proposed amendment may be published.] (4) Where an application is[2] [published] under sub-section (3), any person interested may, within the prescribed period after the[3] [publication] thereof, give notice to the Controller of opposition thereto; and where such a notice is given within the period aforesaid, the Controller shall notify the person by whom the application under this section is made and shall give to that person and to the opponent an opportunity to be heard before he decides the case. (5) An amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim. 4[(6) The provisions of this section shall be without prejudice to the right of an applicant for a patent to amend his specification or any other document related thereto to comply with the directions of the Controller issued before the grant of a patent.] 5 [58. Amendment of specification before Appellate Board or High Court . — (1) In any proceeding before[6] * the High Court for the revocation of a patent,[6] * the High Court,[7] *, 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[6] * the High Court may think fit, and if in any proceedings for revocation[6] * 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[6] * 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[6] * the High Court. (3) Copies of all orders of the[6] * the High Court allowing the patentee to amend the specification shall be transmitted by[6] * the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register.]