AMENDMENTS OF PATENTS AND APPLICATIONS
—(1) 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 84, 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.
(2) 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 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.
(3) 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.
(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.
[UK Patents 1977, s. 75]
—(1) An application for a patent which —
is made in respect of matter disclosed in an earlier application, or in the specification of a patent which has been granted; and
discloses additional matter, that is, matter extending beyond that disclosed in the earlier application made under this Act or in the application made under the United Kingdom Patents Act 1977 or the application under the European Patent Convention designating the United Kingdom filed at the European Patent Office from which the filing date and right of priority is sought to be derived, as filed, or the application for the patent, as filed,
may be filed under section 20(3) or 47(4) or section 116(6) of the Patents Act (Cap. 221, 1995 Ed.), or as mentioned in section 26(11), but shall not be allowed to proceed unless it is amended so as to exclude the additional matter.
(1A) Where, in relation to an application for a patent —
the documents filed at the Registry to initiate the application contain —
a reference to an earlier relevant application specified in a declaration under section 17(2) made in or in connection with the application; and
a statement referred to in section 26(1)(c)(ii)(C); and
the description filed under section 26(7)(b) discloses additional matter, that is, matter extending beyond that disclosed in the earlier relevant application,
the application shall not be allowed to proceed unless it is amended to exclude the additional matter.
(2) No amendment of an application for a patent shall be allowed under section 31 if it results in the application disclosing any matter extending beyond that disclosed in the application as filed.
(3) No amendment of the specification of a patent shall be allowed under section 38(1), 81 or 83 if it —
results in the specification disclosing any additional matter; or
extends the protection conferred by the patent.