1. What types of amendments to a patent application can be made in India?
| Document/ information which could be amended | When | Comments |
| Name, address of applicant/inventor | – Anytime during the pendency of application;
– After grant |
Documentary evidence will be required to change/ correct the name/ address of the inventor(s)/ applicant(s). |
| Complete Specification including claims, description | – Anytime during the pendency of application.
– To overcome Controller’s objections. – After grant. – In an invalidation proceeding.
|
Post-grant amendments will be published. |
| Priority date of a claim | – Anytime during the pendency of application.
– To overcome Controller’s objections. – After grant. – In an invalidation proceeding.
|
Post-grant amendments will be published. |
| Any document for the amendment of which no special provision is made in the
Act |
– Anytime during the pendency of application.
– After grant. |
The amendment of such document must not cause detriment to the interests of any person. Also, the Controller may direct terms as he thinks fit. |
2. What amendments can be made to a specification or claims of patent application in India?
Only the following amendments to the specification or claims are allowable:
a) Correction: An amendment made to correct a mistake made during the preparation of the specification and not an error of judgment.
b) Explanation: An amendment made to clarify the invention. This, however, should not result in the addition of new matter or broadening of the scope of claims.
c) Disclaimer: An amendment made to limit the scope of the invention or remove doubts.
3. Can an applicant amend the claims at the time of National Phase entry into India?
The applicant is only allowed to delete claim(s) at the time of the National Phase entry. No other amendment can be made at the time of the National Phase entry. The claim fee is calculated on the basis of the number of claims present on record at the time of National Phase entry.
4. Is it possible to add or remove inventor(s) from a patent application in India?
Yes, it is possible to add or remove inventor(s) from an application by filing a request in a prescribed format along with affidavits from the inventor(s) already on record.
5. Is it possible to amend the name or address of a patent applicant or an inventor in India?
Yes, the name and/or address of an applicant or an inventor may be amended at any time during the pendency of the application or even after the grant of a patent. A request in the prescribed format is required to be made along with documentary evidence in support of the change.
6. Is it possible to amend the priority date of a claim in India?
Yes, the priority date of a claim may be amended at any time during the pendency of the application or after the grant of a patent. The priority date may be amended suo moto by the applicant, or to overcome the objection raised by the Controller, or in an invalidation proceeding.
7. Is it possible to amend the filing date of a patent application in India?
Yes, an application may be post-dated any time after the filing of the application but before the grant of a patent on a request made to the Controller in the prescribed format. An application may also be post-dated if the Controller requires that amendments be made to the specification and if such amendments cannot be allowed without post-dating the application to a later date.
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