Section 59:
Supplementary provisions as to amendment of application or specification.
1[(1) No
amendment of an application for a patent or a complete specification or any document relating thereto
shall be made except by way of disclaimer, correction or explanation, and no amendment thereof shall be
allowed, except for the purpose of incorporation of actual fact, and no amendment of a complete
specification shall be allowed, the effect of which would be that the specification as amended would
claim or describe matter not in substance disclosed or shown in the specification before the amendment,
or that any claim of the specification as amended would not fall wholly within the scope of a claim of the
specification before the amendment.]
2[(2) Where after the date of grant of patent any amendment of the specification or any other
documents related thereto is allowed by the Controller or by 3*** the High Court, as the
case may be,--
(a) the amendment shall for all purposes be deemed to form part of the specification along with
other documents related thereto;
(b) the fact that the specification or any other documents related thereto has been amended shall
be published as expeditiously as possible; and
(c) the right of the applicant or patentee to make amendment shall not be called in question except
on the ground of fraud].
(3) In construing the specification as amended, reference may be made to the specification as
originally accepted.
Notes:
1. Subs. by Act 38 of 2002, s. 29, for sub-section (1) (w.e.f. 20-5-2003).
2. Subs. by Act 15 of 2005, s. 42, for sub-section (2) (w.e.f. 2-4-2007).
3. The words “the Appellate Board or” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).