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

Rohan Biotech, a patentee, applies to the Controller under section 57 to amend its specification. Meanwhile, a suit for infringement of the same patent is pending before a court. What is the Controller's position?

The Controller must not pass any order, allowing or refusing, on the amendment application while the infringement suit is pending. The proviso to section 57(1) imposes this bar whether the suit began before or after the amendment application was filed.

  1. AThe Controller may decide the amendment application but must publish it first
  2. BThe Controller must not pass any order allowing or refusing the amendment while the suit is pendingCorrect
  3. CThe Controller may allow but not refuse the amendment
  4. DThe Controller may decide only if the court gives written consent

Explanation

The proviso to section 57(1) bars the Controller from passing any order allowing or refusing an amendment application while an infringement suit, or a High Court revocation proceeding, is pending. This applies whether the suit began before or after the amendment application was filed. Publication is irrelevant to this bar.

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