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.
To continue reading, please contact us at email@anandandanand.com