The Patents Act, 1970 considers 2 types of amendments. After the receipt of the First Examination Report, amendments may be made to comply with the requirements of the Report. These are involuntary amendments made at the instance of the Patent Office and the same can be done free of cost.
In addition, voluntary amendments are also possible by filing Form 13 on payment of the prescribed fee. Voluntary amendments can be made either before or after the grant of the Patent.
However, amendments cannot be made for the purpose of increase in the scope of the claims or for incorporating additional disclosure.
The prescribed fee for amendment before grant is Rs. 500/- for individuals and Rs. 2,000/- for companies.
The prescribed fee for amendment after grant is Rs. 1,000/- for individuals and Rs. 4,000/- for companies.
Minor amendments for changing the name, address of the applicant and address for service can be effected on payment of reduced fee of Rs. 200 for individuals and Rs. 800/- for companies.