Section 75 is not among them especially if combined with enforcement. Courts have refused amendments in the past in the desire to protect the public from the abuse of a publicly granted monopoly. Courts in the past were slow to allow a patent holder to validate an invalid claim which the patentee knew at the time was unjustified in scope. Section 75 applies to national patents and the public need to be protected from the abuse of such monopolies. Their jurisdiction and procedure is designed to examine an application to ensure its compliance with the requirements of a valid patent.
Amendment is part of that procedure.
The national courts are not concerned with the grant of a European Patent. Their jurisdiction is confined to enforcement over the 20 years life of the patent. Different considerations may apply to amendments at the end of the life of the patent to those that arise during the granting stages. In my view the discretion to refuse amendment in the public interest, section 75 of the 1977 Act, is as wide as it was under the 1949 Act. The Court will look to decide the nature of the amendment being sought.