Section 58 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 58 lets the High Court allow a patentee to amend the complete specification during a proceeding for revocation of the patent, on terms it thinks fit, and even to allow the amendment instead of revoking a patent it finds invalid. The applicant must give notice to the Controller, who may appear, and the order is sent to the Controller for entry in the register. If your patent is under attack in court, our legal dispute resolution team can advise on amendment as a defence.
In a revocation proceeding before the High Court, the patentee may be allowed to amend his complete specification on such terms as to costs, advertisement or otherwise as the court thinks fit, subject to section 59. If the court decides the patent is invalid, it may allow amendment instead of revoking. Notice of the application must go to the Controller, who is entitled to appear and must appear if directed. Copies of the orders go to the Controller, who has them entered in the register.
Heading and amendments
The arrangement of sections still reads "Amendment of specification before Appellate Board or High Court". That heading is out of date. Section 58 was substituted by the Patents (Amendment) Act, 2005 (from 2 April 2007) to cover the Appellate Board and the High Court, and the Tribunals Reforms Act, 2021 (from 4 April 2021) removed the words "the Appellate Board" and "as the case may be". The text now speaks only of "the High Court". The Appellate Board is not current law. The Jan Vishwas (Amendment of Provisions) Act, 2023 does not touch the section.
Sub-section (1): the High Court's power
"In any proceeding before the High Court for the revocation of a patent, the High Court may, subject to the provisions contained in section 59, allow the patentee to amend his complete specification in such manner and subject to such terms as to costs, advertisement or otherwise as the High Court may think fit, and if in any proceedings for revocation the High Court decides that the patent is invalid, it may allow the specification to be amended under this section instead of revoking the patent."
Reading it piece by piece:
- When: only in a proceeding before the High Court for revocation of a patent.
- Who is allowed: the patentee.
- What: the complete specification (not the application; section 58 speaks only of the complete specification).
- Subject to section 59: the same limits on the kind of amendment apply as before the Controller. Our article on section 59 describes them.
- Terms: the court sets terms "as to costs, advertisement or otherwise".
- Instead of revoking: if the court decides the patent is invalid, it may allow an amendment under this section rather than revoking.
The word "may" appears twice: the court is never bound to allow an amendment, even when the patentee asks.
Why this matters
A patent can be too wide in one or more claims. If the whole patent were revoked each time, a valid core would be lost. Section 58 lets the court save the part that can stand by amending the specification, on terms. The text does not tell the court how to decide; it gives the power and the limits in section 59.
Sub-section (2): notice to the Controller
"Where an application for an order under this section is made to the High Court, the applicant shall give notice of the application to the Controller, and the Controller shall be entitled to appear and be heard, and shall appear if so directed by the High Court."
- The applicant must give the notice. The text does not state the form or the time.
- The Controller has a right to appear and be heard.
- The Controller must appear if the High Court directs.
Sub-section (3): orders go to the register
"Copies of all orders of the High Court allowing the patentee to amend the specification shall be transmitted by the High Court to the Controller who shall, on receipt thereof, cause an entry thereof and reference thereto to be made in the register."
The court sends copies; the Controller makes the entry. The register is dealt with in the article on section 67.
Where section 58 fits with section 57
| Point | Section 57 (Controller) | Section 58 (High Court) |
|---|---|---|
| Who decides | Controller | High Court |
| Who asks | Applicant for a patent or a patentee | The patentee |
| Subject matter | Application, complete specification or related document | Complete specification |
| When | Application in prescribed manner; no order while suit or High Court revocation proceeding is pending | During a High Court revocation proceeding |
| Limit | Section 59 | Section 59 |
| Notice | Publication and opposition for post-grant requests | Notice of the application to the Controller |
| After allowance | Section 59(2): amendment forms part of the specification and is published | Order sent to Controller for entry in the register |
Section 57 bars the Controller from deciding while a revocation proceeding is pending in the High Court, so the patentee in that position goes to the court. Our article on section 57 explains the Controller's side.
Illustration (invented)
Kiran Biotech Pvt. Ltd. holds a patent with three claims for a stable enzyme formulation. A competitor files a revocation proceeding in the High Court and shows that claim 1 covers more than the specification discloses. Kiran applies under section 58 to amend its specification, restricting claim 1 to the formulation that its description supports. Kiran gives notice of the application to the Controller. The High Court may allow the amendment on terms as to costs and advertisement. If the court decides that the patent as granted is invalid, it may still allow the amendment instead of revoking. A copy of the order goes to the Controller, who has it entered in the register.
What the section does not say
- It does not state the form of the application or of the notice to the Controller.
- It does not say what weight the court gives to delay or conduct in deciding whether to allow an amendment.
- It does not say that the court must allow an amendment that meets section 59.
- It does not give a time limit for the Controller's entry in the register.
- The costs, advertisement and other terms are left to the court.
Practical points
- Decide early whether amendment is part of your defence; section 58 operates only in a revocation proceeding.
- Frame the amendment so that it stays within section 59: by way of disclaimer, correction or explanation, and no new matter.
- Give notice to the Controller as soon as you apply.
- Keep the Controller informed of the outcome; the court sends the order, but check the entry in the register.
Need help defending a patent under attack?
Amendment is one option among several in a revocation proceeding, and the terms matter. Our legal dispute resolution team can assess whether to apply under section 58, draft the proposed amendment and handle the notice to the Controller.
Key takeaways
- Section 58 operates only in a High Court proceeding for revocation of a patent.
- The patentee may be allowed to amend the complete specification on terms set by the court, subject to section 59.
- The court may allow amendment instead of revoking an invalid patent.
- The applicant must notify the Controller, who may appear and must appear if directed.
- Orders allowing amendment go to the Controller for entry in the register.
Read next
- Section 59: supplementary provisions as to amendment
- Sections 61 and 62: restoration procedure and rights of patentees of restored patents
- Patent revocation grounds: complete list under section 64
- Patent claims amendment: during examination and after grant
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.