India
Current Perspective of the Delhi High Court on permissible claim amendments in Indian Patent Applications
Tarun Gandhi, Nanki Arneja and Ishita Kapoor, CHADHA & CHADHA, India
In India, the scope of permissible claim amendments is provided in Sections 57 - 59 of the Indian Patents Act. An amendment may be made by way of an explanation, a disclaimer, or a correction, and for the purpose of incorporation of actual fact. The interpretation of the extent of such permissible amendments in patent applications has been an evolving matter. Since the scrapping of the Intellectual Property Appellate Board, the High Courts in India have been tasked with adjudicating patent appeals arising from the refusal orders of the Indian Patent Office. In the last 2 years, the High Courts have passed a plethora of landmark judgments, many of which relate to the scope of permissible amendments in India.
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