- Case number
- C.A.(COMM.IPD-PAT) 396/2022
- Court
- Delhi High Court
- Date of judgment
- Judge
- Anish Dayal
- Outcome
- Allowed
Headnote
Refusal set aside where the Controller disallowed, under section 59(1), an amendment narrowing claims from a composition comprising a compound to the compound itself. The Court held that section 59(1) disallows an amendment only where the specification as amended would claim or describe matter not in substance disclosed before the amendment, or where a claim as amended would not fall wholly within the scope of a pre-amended claim. The amendment must be a subset of the original claim, and a compound is a subset of a composition containing it. Claims and the complete specification form an integrated whole and must be read together. Amendments before grant are to be read expansively, the Ayyangar Committee Report favouring a wider scope of amendment before acceptance than after, so an amendment that merely pares down, narrows or chisels down the original claims, disclosing nothing new, is permissible.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.