Patents Act, 1992
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Examination of application for revocation. |
59.—(1) If the application for revocation of a patent is admissible, the Court or the Controller, as may be appropriate, shall consider whether the grounds for revocation mentioned in section 58 prejudice the maintenance of the patent. | |
(2) If on an application for revocation of a patent the Court or the Controller considers that the grounds for revocation mentioned in section 58 prejudice the maintenance of the patent, the Court or the Controller, as may be appropriate, may by order unconditionally revoke the patent. | ||
(3) If on an application for revocation of a patent the Court or the Controller considers that the grounds for revocation mentioned in section 58 affect the patent only in part, the Court or the Controller, as may be appropriate, may make an order for the revocation of the patent unless within a time specified by the Court or the Controller the relevant specification is amended, under section 38 , to the satisfaction of the Court or the Controller. |