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CS Professional · Intellectual Property Rights - Law and Practice · Patent Documentation, Examination and Infringement

After examining the Opposition Board's recommendation and hearing both the patentee and the opponent, the Controller finds that a patent can survive if one claim is narrowed. What may the Controller order, and what is the effect under the Patents Act, 1970?

The Controller may order that the patent be maintained subject to amendment of the specification, and the patent then stands amended accordingly. Section 25(4) allows an order to maintain, amend or revoke after hearing both parties, and section 25(6) gives automatic effect to the amendment.

  1. AOnly maintain or revoke; amendment is not permitted in opposition
  2. BOrder that the patent be maintained subject to amendment of the specification, and the patent then stands amended accordinglyCorrect
  3. COrder a fresh examination and restart the application from filing
  4. DRefer the matter to the opponent to decide the amendment, with the patent unaffected

Explanation

Section 25(4) empowers the Controller, after the hearing, to order that the patent be maintained, amended or revoked. Under section 25(6), if maintained subject to amendment of the specification or another document, the patent stands amended accordingly.

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