58. Amendment of specification before High Court
(1) In any proceeding before the High Court for revocation of a patent, the High Court may, subject to section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, publication or otherwise, as it thinks fit; and if in revocation proceedings the High Court decides the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent.
(2) Where an application for an order under this section is made, the applicant shall give notice to the Controller, who shall be entitled to appear and be heard, and shall appear if so directed by the High Court.
(3) Copies of all orders of the High Court allowing amendment shall be transmitted to the Controller, who shall enter and reference them in the register.
This section was substituted by the Patents (Amendment) Act, 2005, w.e.f. 2-4-2007, and references to the Appellate Board were omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021.
