The provisions in patent laws which provide for claim amendments, play a critical role in maintaining the patent ecosystem. In India, Section 57, read with Section 59(1) of the Act governs amendment of claims.
Amendments to patent applications are a regular feature of patent prosecution worldwide. From requiring the title to conform with claims in India, to conforming the whole description in Europe, different jurisdictions have their own requirements. However, since claims determine the value of a patent, it is important that claim amendments are treated with caution. It is essential to ensure that the language of claims which get granted, is in sync with the business objective of a patentee. This post reviews the practice of allowing amendments in claims of a patent application by the Indian Patent Office (IPO) and looks at some of the gaps that may need to be filled.