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THE PATENTS RULES, 2003
[As amended by the Patents (2nd Amendment) Rules, 2020]
CHAPTER 9 – 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.
82.Preparation of amended specifications, etc.—
Where the Controller allows the application for a patent or the complete specification or any other document to be amended, the applicant shall, if the Controller so requires and within the time to be specified by him, leave at the appropriate office an amended application or the specification or the other document, as the case may be, in accordance with the provisions of these rules.
83.Publication of the amendment allowed.—
The amendments allowed after a patent has been granted, shall be published.