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Patents Act, 1978 (Act No. 57 of 1978)

Chapter VII : Corrections and Amendments

50. Correction of clerical errors and amendments of documents

 

 

(1) The registrar or the commissioner may authorize—
(a) the correction of any clerical error or error in translation in any patent, application for a patent or document lodged in pursuance of such an application, or in the register;
(b) the amendment otherwise of any document for the amending of which no express provision is made in this Act.

 

(2) A correction may be made in pursuance of this section, either upon a request in writing accompanied by the prescribed fee or without such a request.

 

(3) Where it is proposed to make a correction otherwise than upon such a request, the registrar shall give notice of the proposed correction to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give any such person an opportunity of being heard before the correction is made.

 

(4) Where a request is made for any such correction and it appears to the registrar that the correction would materially alter the scope of the document to which the request relates, the registrar may require notice of the request to be advertised in the journal and to be served upon such persons as he may consider necessary.

 

(5) If such notice has not been so advertised and served or if it has been so advertised and there is no opposition to such correction, the registrar may decide the matter or refer it to the commissioner, who shall decide it as he may deem fit.

 

(6) Where such notice has been so advertised and served, any person may oppose the request mentioned in subsection (2) within the prescribed time and in the prescribed manner, and thereupon the matter shall be dealt with by the commissioner as he may deem fit.