Directing Patent Claims: Understanding Amendments under Sections 57 and 59 of the Indian Patent Act 1970


In the realm of intellectual property, the ability to amend patent claims is a crucial aspect of protecting inventions. The Indian Patent Act of 1970 provides provisions for such amendments, primarily under Sections 57 and 59. This blog explores the significance of these sections, their procedural nuances, and the implications for patent holders and inventors in India.

Understanding Section 57:

Section 57 of the Indian Patent Act empowers the Controller of Patents to allow amendments to a patent application or a granted patent. This provision is pivotal as it recognizes the dynamic nature of technological advancements, acknowledging that inventors may need to refine their claims to align with evolving industry standards or address unforeseen challenges.

Key Points of Section 57:

  • Initiating Amendment: The patentee or applicant can initiate the amendment process by filing a request with the Controller.
  • Consideration by Controller: The Controller, after evaluating the request, may allow or refuse the proposed amendments based on their compliance with the Act and their impact on the scope of the invention.
  • Opportunity for Hearing: The Act provides an opportunity for a hearing, allowing the applicant to present arguments in favour of the proposed amendments.

Understanding Section 59:

Section 59 of the Indian Patent Act specifically addresses post-grant amendments, emphasizing the importance of maintaining the integrity of granted patents.

Key Points of Section 59:

  • Scope of Amendments: A patentee can request amendments to the specification, claims, or drawings of a granted patent, subject to certain conditions.  A patentee can request amendments to the specification, claims, or drawings of a granted patent, subject to certain conditions.
  • Conditions for Amendments: The Controller may allow amendments if they do not result in the broadening of the scope of the invention, and if they do not introduce new matter beyond the original disclosure.
  • Public Notice: The Act mandates the publication of public notice regarding any proposed amendments, allowing third parties to oppose the changes.

Implications and Considerations:

  • Balancing Act: The amendments allowed under Sections 57 and 59 are intended to strike a balance between protecting the interests of patent holders and ensuring fair competition and public disclosure.
  • Procedural Rigor: Applicants and patentees must adhere to the procedural requirements outlined in the Act when seeking amendments. This includes timely filing, providing adequate justifications, and participating in any hearings if required.
  • Public Awareness: The publication of public notices serves as a safeguard, allowing third parties to voice concerns or objections to proposed amendments, promoting transparency in the patent system.


Sections 57 and 59 of the Indian Patent Act 1970 play a crucial role in the lifecycle of a patent, providing avenues for refinement and adaptation. As technology continues to evolve, these provisions enable inventors to ensure that their patents remain relevant and effective in the ever-changing landscape of innovation. Understanding the nuances of these sections is essential for patent holders, applicants, and the broader intellectual property community in India.

By: Karuna Mahajan and Sanjaykumar Patel

Leave a Reply