Section 43: Amendment of specification with leave of High Court

43. Amendment of specification with leave of High Court.—(1) In any proceeding before the High Court for the revocation of a patent, the High Court may, subject to the provisions of section 44, by order allow the patentee to amend his complete specification in such manner, and subject to such terms as to costs, advertisements or otherwise, as the High Court may think fit, and if in any such proceedings for revocation the High Court decides that the patent is invalid, the High Court may allow the specification to be amended under this section instead of revoking the patent. (2) Where an application for an order under this section is made to the High Court the applicant shall give notice of the application to the Controller, and the Controller shall be entitled to appear and be heard, and shall appear if so directed by the High Court.

Effective date: 2000-01-01

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