Amendment of patent in infringement or invalidation proceedings

(1) Subject to sub-section (5), in any proceedings before the Court in which the validity of a patent is put in issue, the Court may allow the owner of the patent to amend the patent in such manner, and subject to such terms as to advertising the proposed amendment and as to costs, expenses or otherwise, as the Court thinks fit. (2) Any interested person may give notice to the Court of his opposition to an amendment proposed by the owner of the patent under this section, and if he does so the Court shall notify the owner and consider the opposition in deciding whether the amendment should be allowed. (3) An amendment of a description under this section shall have effect and shall always be deemed to have effect from the grant of the patent. (4) Where an application for an order under this section is made to the Court, the applicant shall notify the Registrar who shall be entitled to appear and be heard, and shall appear if so directed by the Court. (5) No amendment shall be allowed under this section if it discloses matter which extends beyond that disclosed in the description of the granted patent or extends the scope of the protection conferred by the patent. 45