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General power to amend after grant (Section 38)

7.21 Section 38 sets out that:

(a) Subject to this section and section 84, the Registrar may, on an application made by the proprietor of a patent, allow the specification of the patent to be amended subject to such conditions, if any, as he thinks fit.

(b) No such amendment shall be allowed under this section where there are pending before the court or the Registrar proceedings in which the validity of the patent may be put in issue.

(c) An amendment of a specification of a patent under this section shall have effect and be deemed always to have had effect from the grant of the patent.

(d) A person may give notice to the Registrar of his opposition to an application under this section by the proprietor of a patent, and if he does so the Registrar shall notify the proprietor and consider the opposition in deciding whether to grant the application.

7.22 The Examiner should refer to Section E in this Chapter to determine whether such amendments are allowable. As compared to pre-grant amendments, post grant amendments have the further restriction that the scope of the claims cannot be broadened.