46 CAP. 400]
Patents
entitled to receive, directly or indirectly from any Government
department in respect of the invention in question.
(As amended by S.l. No. 175 of 1965
and Act No. 18 of 1980)
PART VI
SPECIAL PROVISIONS RELATING TO SPECIFICATIONS,
ANTICIPATION AND RIGHTS IN INvENTIONS
Amendment
of specifica
tion by
Registrar
43. (l) An applicant for a patent or a patentee may, at any time by
request in writing lodged at the Patent Office, seek leave to amend
either his provisional or his complete specification, including draw
ings forming part thereof, and shall in making any such request state
the nature of the proposed amendment and the reasons therefor.
(2) Where there are joint applicants or patentees, the request shall
be made by them jointly or by one or more of them with the written
consent of the other or others, and in the case of disagreement
between them the Registrar may, if satisfied that one or more of them
should be allowed to proceed alone and subject to such conditions as
he may impose, permit the request to be made without the consent of
the others:
Provided that all parties interested shall be notified by the appli
cant of the request and be entitled to be heard before any decision is
given thereon.
(3) An amendment of an accepted complete specification shall be
allowed only if it is by way of disclaimer, correction or explanation,
and no amendment of any specification, except by way of correcting
an obvious mistake, shall be allowed if the result would be that the
specification as amended would claim or describe matter not in sub
stance disclosed in the specification before amendment, or would
include any claim not wholly within the scope of a claim included in
the specification before amendment.
(4) The request for an amendment of an accepted complete spec
ification and its nature shall be advertised by the applicant in the pre
scribed manner, and at any time within three months of the adver
tisement, or such further time as the Registrar, subject to such condi
tions as he may impose, may allow, any person may give notice at
the Patent Office of opposition to the amendment.
(5) Notice of opposition shall be given in the prescribed manner
to the Registrar and to the person making the request, and the
Registrar shall hear the person making the request and the person
who has given notice of opposition and determine whether and sub
ject to what conditions. if any, the amendment ought to be allowed.
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