What are the permissible amendments under the Patents Act?

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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;
  • after grant

A 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

Filing date

  • Any time after filing the application, but before the grant of the patent.

This section may also be invoked in case 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.

Any document for the amendment of which no special provision is made in the Patents 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.

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