Amendment of specification before Appellate Board or High Court
(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 be entitled 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.
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