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

Kavita Engineering's complete specification, before grant, claims a pump with a ceramic impeller. It seeks to amend it to also claim a pump with a titanium impeller, which was nowhere disclosed or shown in the original specification. Under section 59, what is the position?

The amendment is not allowed. Section 59(1) forbids amending a complete specification so that it claims or describes matter not in substance disclosed or shown in the original, and the Controller's power under section 57 is subject to that limit.

  1. AAllowed, because any amendment is permitted before grant
  2. BAllowed, if the Controller thinks fit and imposes conditions
  3. CNot allowed, because the amended specification would claim matter not in substance disclosed in the originalCorrect
  4. DAllowed only if the amendment is made after grant by the High Court

Explanation

Section 59(1) allows amendment only by disclaimer, correction or explanation, and forbids any amendment of a complete specification that would claim or describe matter not in substance disclosed or shown before the amendment. The Controller's discretion under section 57 is expressly subject to section 59.

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