Patents Ordinance, 2000 — section 42

42. Amendment of specification with leave of Controller..—(1) Subject to the provisions of section 44, the Controller may, upon an application made under this section by an applicant for a patent or a patentee, allow the application for the patent or the complete specification to be amended subject to such conditions, if any, as the Controller thinks fit: Provided that the Controller shall not allow a specification to be amended under this section upon an application made while any action before the Court for infringement of the patent or any proceeding before the court for the revocation of the patent is pending.

(2)Every application for leave to amend and application for a patent or a specification under this section shall state the nature of the proposed amendment and give full particulars of the reasons for which the application is made.

(3)Every application for leave to amend an application for a patent or a specification under this section made after the acceptance of the complete specification and the nature of the proposed amendment shall be advertised in the prescribed manner.

(4)Within the prescribed period after the advertisement of an application under sub-section

(3), any person may give notice to the Controller of opposition thereto, and where such a notice is given within the period aforesaid, the Controller shall give notice to the person by whom the application is made and shall give to that person and to the opponent an opportunity of being heard before he decides the case.

(5)This section shall not apply in relation to any amendment of a specification effected in proceedings in opposition to the grant of a patent or effected in pursuance of any provision of this Ordinance authorizing the Controller to direct a reference to another specification or patent to be inserted, or to refuse to grant a patent, or to revoke a patent, unless the specification is amended to his satisfaction.