What are the types of amendments which can be made under the Patents Act?
The amendment of the following documents and information is considered permissible under the Patents Act:
Document/ information which could be amended When Comments Name, address of applicant/inventor – Anytime during the pendency of application; A documentary evidence will be required to change/ correct the name/ address of the inventor(s)/ applicant(s) – After grant Complete Specification including claims, description – Anytime during the pendency of application; Post-grant amendments will be published. – To overcome Controller’s objections; – After grant; – In an invalidation proceeding Priority date of a claim – Anytime during the pendency of application; Post-grant amendments will be published – To overcome Controller’s objections: – After grant; – In an invalidation proceeding Any document for the amendment of which no special provision is made in the Patents Act – Anytime during the pendency of application; 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. – After grant
Which claim amendments are allowable by the Indian Patent Office?
Only those claim amendments which fall in either of the category stated below, are considered allowable:
- Correction: If the amendment is made in order to correct a mistake made during preparation of the specification and not an error of judgement.
- Explanation: If the amendment is made to clarify the invention. This however should not result in addition of new matter or alteration of the scope of claims.
- Disclaimer: If the amendment is made to limit the scope of the invention or remove doubts.
Can the applicant delete certain claims at the time of national phase entry?
Yes, the applicant can delete the claims at the time of national phase entry.
Yes. Some claims of the PCT application may be deleted and fees for only those claims that are filed is to be paid. However, any amendment to the claims will need to be made by filing a separate request for amendment.