IP Intelligence › Myths › Anything wrong with the application can be fixed during pros
Patent myth
“Anything wrong with the application can be fixed during prosecution.”
You can narrow, correct and explain. You cannot add. Every amendment must be supported by what was disclosed on filing.
Sections 57 and 59 permit amendment by way of disclaimer, correction or explanation, and prohibit claiming or describing matter not in substance disclosed before the amendment. So the amendment you will need in three years has to exist, in some form, in the document you file today.
The most common version of this: knowing your process differs from the cited art in a specific parameter, and finding that the parameter was never written down.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
Related
What you can and cannot change after filing
After filing, you can narrow, correct and explain. You cannot add. Every amendment has to be supported by what was disclosed in the specification as filed - which is…
Your specification does not support your claim
You can only claim what you described. When an examiner cites prior art and the obvious answer is to add a limitation you never wrote down, there is nothing to amend…
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.
Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.