57. Amendment of application and specification before Controller
(1) Subject to section 59, the Controller may, on application in the prescribed manner by an applicant or patentee, allow the application for patent or the complete specification or any document relating thereto to be amended subject to such conditions as he thinks fit:
Provided that the Controller shall not allow or refuse an amendment while a suit for infringement or a High Court revocation proceeding is pending, whether commenced before or after the amendment application.
(2) Every application for leave to amend shall state the nature of the proposed amendment and give full particulars of the reasons for the application.
(3) An application to amend made after grant of patent, and the nature of the proposed amendment, may be published.
(4) Where an application is published under sub-section (3), any interested person may, within the prescribed period, give notice of opposition to the Controller, who shall notify the applicant and give both parties an opportunity to be heard before deciding the case.
(5) An amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim.
(6) This section is without prejudice to an applicant’s right to amend his specification or other document to comply with the Controller’s directions issued before grant of patent.
