Patents Act, 1970


Sections 58 & 59

Revocation of Patent. Amendment in specifications by patentee.

HELD The law which emanates from reading of section 58 & 59 Paatents Act is quite akin to the law of amendment. The jurisdiction necessary to allow the amendment of a claim in the specification vests with the High Court. The claims can be amended and such amendment may be allowed provided that is it clarificatory or elaborative in nature and also, that it does not alter the scope of the claim or introduce any new claim in the invention which was not present in the original invention. Thus, the scope of enquiry in relation to amendments in the patent claim is limited to the extent as to whether it introduces any new claim which extends the scope of the monopoly rights of the patentee.Therefore Amendment seeking to clarify the scope of the sensitising process by mentioning some sensitising material, namely tin does not lead to an altogether new invention Amendment merely clarificatory or elaborative.

Amendment allowed.

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