The Powers of the Controller

In one line

The Controller has the powers of a civil court over the matters listed in section 77, must hear a party before deciding against them, and may correct clerical errors and extend time.

In the wording a student can write in an exam: Chapter XV of the Patents Act, 1970, sections 77 to 81, confers on the Controller the powers of a civil court in respect of the matters listed in section 77, the power to correct clerical errors under section 78, control over the form of evidence under section 79, the duty to hear a party before exercising a discretion adversely under section 80, and the power to extend time under section 81.

Section 77: the civil court powers

Section 77(1). Subject to any rules, the Controller in any proceedings before him shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of:

(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.

Section 77(2). Any order for costs awarded by the Controller under sub-section (1) shall be executable as a decree of a civil court.

Two of the eight are easy to miss and both are examined. Clause (f) gives the Controller a power of review of his own decision, which is unusual for an administrative authority and which exists here because the alternative would be an appeal for every slip. Clause (g) gives the power to set aside an ex parte order, which is the remedy for a party who did not appear for good reason.

And note what the section does not give. The Controller has the powers of a civil court only in respect of the listed matters. He is not a civil court, cannot grant an injunction, and cannot award damages.

Section 78: correcting clerical errors

Section 78(1). Without prejudice to sections 57 and 59 as regards amendment, and subject to section 44, the Controller may correct any clerical error in any patent, in any specification or other document filed in pursuance of an application, in any application for a patent, or in any matter entered in the register.

Section 78(2). A correction may be made upon a request in writing by any person interested, accompanied by the prescribed fee, or without such a request.