Patents Bill

  • enacted
85 Amendment of specification with leave of court
  • (1) In any relevant proceeding in relation to a patent, the court may, by order, allow the patentee to amend the patentee’s complete specification in the manner and subject to the terms as to costs, publication, or otherwise that the court thinks fit.

    (2) If, in any proceedings for the revocation of a patent, the court decides that the patent is invalid, the court may allow the specification to be amended under this section instead of revoking the patent.

    (3) If an application for an order under this section is made to the court,—

    • (a) the applicant for that order must give notice of the application to the Commissioner; and

    • (b) the Commissioner may appear and be heard on the application; and

    • (c) the Commissioner must appear if he or she is directed by the court to appear.

    (4) This section is subject to section 79 (which contains general rules about amendments of specifications).

    Compare: 1953 No 64 s 39