CHAPTER VII
AMENDMENT OF APPLICATIONS AND SPECIFICATIONS
65. Amendment of application or specification- (1) An application under section 57 for the amendment of an application for a patent or a complete specification shall be made in 12[Form 13].
(2) If the application for amendment under sub-rule(1) relates to an application for a patent which has not been accepted, the Controller shall determine whether any subject to what conditions, if any, the amendment shall be allowed.
(3) (a) If the application for amendment under sub-rule(1) is made after the acceptance of the complete specification, the application for the amendment and the nature of the proposed amendment shall be advertised by the Controller in the Official Gazette and by the applicant in such other manner as the Controller may in each case direct. The Controller shall also notify all the persons who, in his opinion, may have an interest in the matter.
(b) Any person 36[interested in] opposing the application for amendment shall give a notice of opposition in 12[Form 14] in duplicate within three months from the date of advertisement of the application in the Official Gazette.
( c) The procedure specified in rules 36 to 45 relating to the filing of written statement, reply statement, leaving evidence and hearing shall, so far as may be, apply to the hearing of the opposition under section 57 as they apply to the hearing of the opposition to the grant of patents.
66. Preparation of amended specifications, etc.- Where the Controller allows the application for a patent or the complete specification to be amended, the applicant shall, if the Controller so requires and within the time to be specified by him, leave at the appropriate office an amended application or specification, as the case may be, in accordance with the provisions of these rules.
12[67. Advertisement of the amendments allowed.- The amendments allowed by the Controller after a complete specification has been accepted may be advertised by him in the Official Gazette].
ENDNOTE
1.Vide Not. No. S.O. 301(E), dated 20-04-1972, published in GOI(E), dated 20-04-1972, p.p 735-805.
2
Insertion by S.O. 2908 dated 31-07-1976, w.e.f 14-08-1976.3
Substituted by S.O. 3598 dated 28-10-1977, for "in the English language", w.e.f. 26-11-19774
Substituted by S.O. 3598, dated 28-10-1977, w.e.f. 26-11-1977.11
.Chapter II A inserted by S.O. 1029(E), dated 02-12-1998, w.e.f. 07-12-199812
Subs. by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.13
Inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.14
Sub-rule (4) to (5) inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.15
Clause (e) omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.16
Sub-rule (3) to (5) inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.17
Sub-rule (2) omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.18.Added by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.
19
Sub-rule (5) omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.20
Rule 28 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.21
Chapter IIIA (section 33A to 33P) inserted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.22
Rule 38 to 39 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.23.Rule 64 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.
24
Some words omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.25
Substituted by S.O. 411(E), dated 02-06-1999, for "Rs. 10000", w.e.f. 02-06-1999.26
Omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.27
Original rule renumbered as sub-rule (1) by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.28
The First Schedule substituted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.29.The Second Schedule substituted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.
30
Added by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.31
Rule 64 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.34
Sub-rule (1) of rule 71 omitted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.36. Subs. by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.
37. The Fourth Schedule substituted by S.O. 411(E), dated 02-06-1999, w.e.f. 02-06-1999.