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ARTICLE · 13 SEPTEMBER 2022

How Much Claim Amendment Can Be Allowed In A Patent Application?

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Rejection of patent application on the ground that the amendment of "product by process" claims to process claims which rendered the amended claims not allowable under section 59 (1)...

IndiaIntellectual Property

Rejection of patent application on the ground that the amendment of "product by process" claims to process claims which rendered the amended claims not allowable under section 59 (1) of the Patents Act, 1970 was held to be unsustainable in a recent judgment of Hon'ble High Court at Delhi pronounced on July 05, 2022, in the matter of "Nippon A&L Inc. vs The Controller of Patents and Designs".

Brief facts of the case

Appellant (Nippon A&L Inc.), filed a patent application in India through national phase entry of PCT international application PCT/JP2014/069608. The Applicant in order to overcome the objections raised in the hearing notice amended the "product by process" claims to "process only" claims.

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