Patents Act, 1970
58. Amendment of specification before High Court
(1) In any proceeding before the High Court for the revocation
of a patent the High Court 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 High
Court may think fit, and if in any proceedings for revocation 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 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 High Court.
(3) Copies of all orders of the High Court allowing the patentee
to amend the specification shall be transmitted by the High Court to the
Controller who shall on receipt thereof cause an entry thereof and reference
thereto to be made in the register.