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 thereof shall be allowed, except for the
purpose of incorporation of actual fact, and no amendment
of a complete specification shall be allowed, the effect of
which would be that the specification as amended would claim
or describe matter not in substance disclosed or shown in
the specification before the amendment, or that any claim
of the specification as amended would not fall wholly within
the scope of a claim of the specification before the amendment.]
**[(2) Where after the date of grant of patent any amendment
of the specification or any other documents related thereto
is allowed by the Controller or by the Appellate Board or
the High Court, as the case may be,-
(a) the amendment shall for all purposes be deemed to form
part of the specification along with other documents related
thereto;
(b) the fact that the specification or any other documents
related thereto has been amended shall be published as expeditiously
as possible; and
(c) the right of the applicant or patentee to make amendment
shall not be called in question except on the ground of fraud.]
*[Substituted by Patents (Amendment) Act, 2002, section 29]
*[Substituted by Patents (Amendment) Act, 2005, section 42]
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