Patents Rules, 2003
Chapter IX Amendment of Application,
Specification or Any Document Relating Thereto
81. Amendment of application, specification
or any document relating thereto. —
1.
An
application under section 57 for the amendment of an application for a patent
or a complete specification or any document related thereto shall be made in
Form 13.
2.
If
the application for amendment under sub-rule (1) relates to an application for
a patent which has not been granted, the Controller shall determine whether and
subject to what conditions, if any, the amendment shall be allowed.
3.
a. If the application
for amendment under sub-rule (1) is made after grant of patent and the nature
of the proposed amendment is substantive, the application shall be published.
b. Any person interested
in opposing the application for amendment shall give a notice of opposition in
Form 14 within three months from the date of publication of the application.
c. The procedure
specified in rules 57 to 63 relating to the filing of written statement, reply
statement, leaving evidence, hearing and costs shall, so far as may be, apply
to the hearing of the opposition under section 57 as they apply to the hearing
of an opposition proceeding.
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