Amending Patents in India: The DuPont and AGC Flat Glass Cases

Pravin Anand and Abhilasha Nautiyal look at how Indian common law is allowing rights-holders to amend their patent claims.

A complete specification under the Patents Act, 1970 in­cludes description of the invention, best method of perfor­mance, abstract and claims of the invention. A specification may need amendment in order to clarify or elaborate its contents. In fact, amendment of the specification can be a life-saver for the patentee, who can avoid revocation of the patent by seeking amendment of the specification.

This article was published in Asia IP November/December 2010.

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