Patents Ordinance, 2000 — section 44

44. Supplementary provisions as to amendment of specification..—(1) No amendment of specification shall be allowed, except for the purpose of correcting an obvious mistake, the effect of which would be that the specification as amended would claim or describe matter not in substance disclosed in the specification before the amendment.

(2)Where, after the date of the publication of a complete specification, any amendment of the specification is allowed or approved by the Controller or the High Court under this Ordinance, the right of the patentee or applicant to make the amendment shall not be called in question except on the ground of fraud, and the amendment shall for all purposes be deemed to form part of the specification: Provided that in construing the specification as amended reference may be made to the specification as originally published.

(3)Where, after the date of the publication of a complete specification, any amendment of the specification is allowed or approved under this section, the fact that the specification has been amended shall be advertised in the official Gazette 1[and published in the Patents’ journal]. CHAPTER XII RESTORATION OF LAPSED PATENTS