1[(1) In any proceeding before 2*** the High Court for the revocation of a patent, 2*** the High Court, 3***, 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 2*** the High Court may think fit, and if in any proceedings for revocation 2*** 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 2*** 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 2*** the High Court.
(3) Copies of all orders of the 2*** the High Court allowing the patentee to amend the specification shall be transmitted by 2*** the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register.]
Footnotes in the official text
- 1.Subs. by s. 41, ibid., for section 58 (w.e.f. 2-4-2007).
- 2.The word “the Appellate Board” omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021).
- 3.The words “as the case may be” omitted by s. 13, ibid. (w.e.f. 4-4-2021).