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CHAPTER 15 – POWERS OF CONTROLLER GENERALLY

BananaIP Counsels > THE PATENTS ACT > CHAPTER 15 – POWERS OF CONTROLLER GENERALLY

CHAPTER 15 – POWERS OF CONTROLLER GENERALLY

 

77. Controller to have certain powers of civil court.

 

(1)  Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:—

 

(a)  summoning and enforcing the attendance of any person and examining him on oath;

 

(b)  requiring the discovery and production of any document;

 

(c)  receiving evidence on affidavits;

 

(d)  issuing commissions for the examination of witnesses or documents;

 

(e)  awarding costs;

 

(f)  reviewing his own decision on application made within the prescribed time and in the prescribed manner;

 

(g)  setting aside an order passed ex- parte on application made within the prescribed time and in the prescribed manner;

 

(h)  any other matter which may be prescribed.

 

(2)  Any order for costs awarded by the Controller in exercise of the powers conferred upon him under sub-section (1) shall be executable as a decree of a civil court.

 

78. Power of Controller to correct clerical errors etc.

 

(1)  Without prejudice to the provisions contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications or other documents related thereto and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register.

 

(2)  A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request.

 

(3)  Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction.

 

(4)  Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such an application, and it appears to the Controller that the correction would materially alter the meaning or scope of the document to which the request relates and ought not to be made without notice to persons affected thereby, he shall require notice of the nature of the proposed correction to be published in the prescribed manner.

 

(5)  Within the prescribed time after any such publication as aforesaid any person interested may give notice to the Controller of opposition to the request, and, where such notice of opposition is given, the Controller shall give notice thereof to the person by whom the request was made, and shall give to him and to the opponent an opportunity to be heard before he decides the case.

 

79. Evidence how to be given and powers of Controller in respect thereof.

 

Subject to any rules made in this behalf, in any proceeding under this Act before the Controller, evidence shall be given by affidavit in the absence of directions by the Controller to the contrary, but in any case in which the Controller thinks it right so to do, he may take oral evidence in lieu of, or in addition to, evidence by an affidavit, or may allow any party to be cross -examined on the contents of his affidavit.

 

80. Exercise of discretionary powers by Controller.

 

Without prejudice to any provision contained in this Act requiring the Controller to hear any party to the proceedings thereunder or to give any such party an opportunity to be heard, the Controller shall give to any applicant for a patent, or for amendment of a specification (if within the prescribed time the applicant so requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Controller by or under this Act.

 

Provided that the party desiring a hearing makes the request for such hearing to the Controller at least ten days in advance of the expiry of the time-limit specified in respect of the proceeding.

 

81. Disposal by Controller of applications for extension of time.

 

Where under the provisions of this Act or the rules made thereunder the Controller may extend the time for doing any act, nothing in this Act shall be deemed to require him to give notice to or hear the party interested in opposing the extension, nor shall any appeal lie from any order of the Controller granting such extension.

 

 

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