59. Supplementary provisions as to amendment of application or specification
(1) No amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation, and no amendment shall be allowed except for incorporation of actual fact; no amendment of a complete specification shall be allowed if the specification as amended would claim or describe matter not in substance disclosed or shown in the specification before amendment, or if any claim as amended would not fall wholly within the scope of a claim before amendment.
(2) Where, after grant of patent, any amendment of the specification or other documents is allowed by the Controller or the High Court—
- (a) the amendment shall for all purposes be deemed to form part of the specification and other documents;
- (b) the fact of amendment shall be published as expeditiously as possible; and
- (c) the right of the applicant or patentee to amend shall not be called in question except on the ground of fraud.
(3) In construing the specification as amended, reference may be made to the specification as originally accepted.
