Section 58 Indian Patents Act

Section 58 of the Indian Patents Act

Section 58 of the Indian Patents Act 1970 is about Amendment of specification before Appellate Board or High Court. It is under CHAPTER X of the Act. CHAPTER X is titled AMENDMENT OF APPLICATIONS AND SPECIFICATIONS.

(1) In any proceeding before the Appellate Board or the High Court for the revocation of a patent, the Appellate Board or the High Court, as the case may be, 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 Appellate Board or the High Court may think fit, and if in any proceedings for revocation the Appellate Board or 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 Appellate Board or the High Court, the applicant shall give notice of the application to the Controller, and the Controller shall been titled to appear and be heard, and shall appear if so directed by the Appellate Board or the High Court.

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

See also  Section 56 Indian Contract Act 1872 (Agreement to do impossible act)

See also:

Section 57 Indian Patents Act 1970 (Amendment of application and specification before Controller.)

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