Patents Act · 2023 Revised Edition · Part · Amendments of Patents and Applications
80. Amendment of patent in infringement or revocation proceedings
Official textFrom Attorney General's Chambers, unchanged
In any proceedings before the court or the Registrar in which the validity of a patent is put in issue, the court or, as the case may be, the
Registrar may, subject to section 81, allow the proprietor of the patent to amend the specification of the patent in such manner, and subject to such terms as to the publication and advertisement of the proposed amendment and as to costs, expenses or otherwise, as the court or Registrar thinks fit.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
A person may give notice to the court or the Registrar of his opposition to an amendment proposed by the proprietor of the patent under
Patents this section, and if he does so the court or the Registrar shall notify the proprietor and consider the opposition in deciding whether the amendment or any amendment should be allowed.
An amendment of a specification of a patent under this section shall have effect and be deemed always to have had effect from the grant of the patent.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Where an application for an order under this section is made to the court, the applicant shall notify the Registrar, who shall be entitled to appear and be heard and shall appear if so directed by the court.
Terms defined in s 2
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
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