Amendment of claims at Appellate Stage under section 59 of the Patents Act

Banner graphic displaying the text “Amendment of Claims at Appellate Stage” with a central icon representing a heat exchanger, on a blue and tan background. Featured image for article: Amendment of claims at Appellate Stage under section 59 of the Patents Act

In the case of Daikin Industries Ltd. v. Assistant Controller of Patents and Designs, the Indian Patent Office refused Daikin’s patent application relating to a shell and plate heat exchanger on the ground of lack of novelty over a prior art document. During the appeal before the High Court, Daikin sought permission to amend claim 1 by incorporating additional limitations already disclosed in the specification. The court examined whether such an amendment could be permitted at the appellate stage under Section 59 of the Patents Act.

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Draft rules on Patents and designs published by IPO; Amazon faces patent infringement suit and other news

The Indian Patent Office has published draft amendments to patent and design rules for public input, with a focus on startups and procedural updates. This bulletin also covers a patent infringement suit against Amazon and key developments in both Indian and international IP policy.

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