Amendment of specification before Appellate Board or High Court
Section 58 of the Patents Act, 1970 deals with amendment of specification before Appellate Board or High Court. --(1) In any proceeding before the Appellate Board or the High Court for the revocation of a patent, the Appellate Board or the High Court, as the case may be, may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to The Act came into force on 01 Apr 1978.
1[58. Amendment of specification before Appellate Board or High Court.—--(1) In any proceeding before the Appellate Board or the High Court for the revocation of a patent, the Appellate Board or the High Court, as the case may be, may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise, as the Appellate Board or the High Court may think fit, and if in any proceedings for revocation the Appellate Board or the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent.
(2) Where an application for an order under this section is made to the Appellate Board or the High Court, the applicant shall give notice of the application to the Controller, and the Controller shall been titled to appear and be heard, and shall appear if so directed by the Appellate Board or the High Court.
(3) Copies of all orders of the Appellate Board or the High Court allowing the patentee to amend the specification shall be transmitted by the Appellate Board or the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register.]
Section 58, 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.
This section refers to
Referred to by 1
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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Steel Strips Wheels Limited v. Wheels India Limited
Court's Decision & Legal Precedent
s.2(1)(t) 'person interested' is inclusive and wider than 'person aggrieved'; a competitor engaged in the relevant field with a reasonable and tangible interest (Aloys Wobben standard) has locus to maintain a revocation petition.
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.
Questions about Section 58
What have the courts held on Section 58 of the Patents Act?
Steel Strips Wheels Limited v. Wheels India Limited (03 Apr 2025) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 58 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 58, section 58 Patents Act, section 58 of the Patents Act. 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 Steel Strips Wheels Limited v. Wheels India Limited (03 Apr 2025).
What should I read with Section 58 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. 1 other provision in this corpus refers back to it.
When did Section 58 of the Patents Act come into force?
Section 58 of the Patents Act, cited as Patents Act 58, 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 15 Oct 2026. This page is not a substitute for legal advice.