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Section 81 – The Patents Rules,2003

The Patents Rules,2003

Section 81. Amendment of application, specification or any document relating thereto

(1) An application under section 57 for the amendment of an application for a patent or a complete specification or any document related thereto shall be made in Form 13.

(2) If the application for amendment under sub-rule (1) relates to an application for a patent which has not been 1[granted], the Controller shall determine whether and subject to what conditions, if any, the amendment shall be allowed.

2[(3)(a) If the application for amendment under sub-rule (1) is made after grant of patent and the nature of the proposed amendment is substantive, the application shall be published.

(b) Any person interested in opposing the application for amendment shall give a notice of opposition in Form 14 within three months from the date of publication of the application.

(c) The procedure specified in rules 57 to 63 relating to the filing of written statement, reply statement, leaving evidence, hearing and costs shall, so far as may be, apply to the hearing of the opposition under section 57 as they apply to the hearing of an opposition proceeding.]

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1. Substituted for “accepted” by the Patents (Amdt.) Rules,2005, w.e.f. 1-1-2005.

2. Substituted by the Patents (Amdt.) Rules,2005, w.e.f. 1-1-2005.

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The Patents Rules,2003

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