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ARTICLE · 22 MARCH 2024

Disclaimers – A Credible Way Of Amendment In Patent Claims And Specification

Lakshmikumaran & Sridharan
Lakshmikumaran & Sridharan
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Lakshmikumaran & Sridharan

Lakshmikumaran & Sridharan

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One of the permissible ways of amendments to claims and/or specification is to incorporate suitable disclaimers during the patent prosecution and at the post grant stage.

IndiaIntellectual Property

Introduction

One of the permissible ways of amendments to claims and/or specification is to incorporate suitable disclaimers during the patent prosecution and at the post grant stage. This article aims to bring down the perspectives of the use of disclaimers as a provision to amend claims and/or specification. For this purpose, the present article focusses on provisions available under Section 59 of the Patents Act, 1970 and a glimpse on such provisions in major jurisdictions such as US and EU that are of greater interest.

Indian position:

Section 59 of the Patents Act, 1970 ('Act') provides,

"(1) No amendment of an application for a patent or a complete specification or any document relating thereto shall be made except by way of disclaimer, correction or explanation..."

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