Section 58 – Amendment of Application before Appellate Board or High Court.

  • If any case of infringement of a patent is proceeding in the Appellate Board or the High Court; they may request the patentee to amend (make modifications) the application as it fits to be non-infringing with consideration the terms on cost, advertisement, etc., instead of directly invalidating or revoking the patent.
  • If such an appeal is made in the Appellate Board or the High Court; the applicant shall give a notice to the Controller on the same and the Controller is entitled to appear before the Appellate Board or the High Court in case directed so by the Appellate Board or the High Court.
  • All copies of the orders passed by the Appellate Board or the High Court issued to the patentee shall also be sent the Controller by the Board or the Court such that the Controller shall create an entry regarding the same in the register to be made.

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