Amendment of application and specification before Controller
Section 57 of the Patents Act, 1970 deals with amendment of application and specification before Controller. Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification [or any document relating thereto] to be amended subject to The Act came into force on 01 Apr 1978.
(1) Subject to the provisions of section 59, the Controller may, upon application made under this section in the prescribed manner by an applicant for a patent or by a patentee, allow the application for the patent or the complete specification 1[or any document relating thereto] to be amended subject to such conditions, if any, as the Controller thinks fit:
Provided that the Controller shall not pass any order allowing or refusing an application to amend an application for a patent or a specification 1[or any document relating thereto] under this section while any suit before a court for the infringement of the patent or any proceeding before the High Court for the revocation of the patent is pending, whether the suit or proceeding commenced before or after the filing of the application to amend.
(2) Every application for leave to amend an application for a patent 2[or a complete specification or any document relating thereto] under this section shall state the nature of the proposed amendment, and shall give full particulars of the reasons for which the application is made.
3[(3) Any application for leave to amend an application for a patent or a complete specification or a document related thereto under this section made after the grant of patent and the nature of the proposed amendment may be published.]
(4) Where an application is 4[published] under sub-section (3), any person interested may, within the prescribed period after the 5[publication] thereof, give notice to the Controller of opposition thereto; and where such a notice is given within the period aforesaid, the Controller shall notify the person by whom the application under this section is made and shall give to that person and to the opponent an opportunity to be heard before he decides the case.
(5) An amendment under this section of a complete specification may be, or include, an amendment of the priority date of a claim.
6[(6) The provisions of this section shall be without prejudice to the right of an applicant for a patent to amend his specification or any other document related thereto to comply with the directions of the Controller issued before the grant of a patent.]
Section 57, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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R. & D. S.r.l. v. Controller of Patents and Designs
Court's Decision & Legal Precedent
Controller disallowance of amended claims under Patents Act ss.57/59 and obviousness finding under s.2(1)(ja) without assigning reasons is non-speaking and cannot stand — appeal allowed; de novo hearing before a different Controller within three months after opportunity to the applicant.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The Patents Act, 1970 and Patents Rules, 2003 envisage : (a) voluntary amendment sought to be made by an applicant in a specification or a patent document; and (b) the amendment of the specification required to be made by the Controller to his satisfaction. For a voluntary amendment the procedure prescribed is under Sections 57(1) and 57(2) of the Patents Act, 1970 which involve filing of application in the manner prescribed in Rules 81 and 82 of the Rules of Form 13 with payment of prescribed fee vide Entry 20 of Table I of the First Schedule of the Patents Rules, 2003. Such procedure does not apply to the amendment made in the specification to …
Questions about Section 57
What have the courts held on Section 57 of the Patents Act?
R. & D. S.r.l. v. Controller of Patents and Designs (23 Jul 2024) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 57 of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 57, section 57 Patents Act, section 57 of the Patents Act. People searching for it also type patents act 57 of 1978. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with R. & D. S.r.l. v. Controller of Patents and Designs (23 Jul 2024).
What should I read with Section 57 of the Patents Act, and has it changed?
Its own text turns on section 59 (Supplementary provisions as to amendment of application or specification), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it.
When did Section 57 of the Patents Act come into force?
Section 57 of the Patents Act, cited as Patents Act 57, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.