2 years, 9 months ago

In Case Of Amendment To A Patent Specification, The Invention Before & After Amendment Need Not Be Identical: Delhi High Court

The Delhi High Court has held that amendments to a patent specification or claims prior to grant ought to be construed more liberally than narrowly. The court opined that the language used in the objections shows that the claims as originally filed were sought for "product or process". The court also stated that– "It is common understanding in the field of patents that product claims are much broader claims than process claims. As per the court, the purport and intention of this Report was to give broader and wider permissibility for amendment of claims and specification prior to the grant and restrict the same post the grant and "When this standard, as contemplated by the Ayyangar Committee Report, is applied to Section 59 of the Act as it stands today, it becomes clear that amendments to a patent specification or claims prior to grant ought to be construed more liberally rather than narrowly.

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Court Delhi High Court Case Claims Process Patent Amendment Product Amended Controller Sought Section 59 Fer Scope Invention Specification That Amendments

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