Section 78 – Power of Controller to Correct Clerical Errors, etc.

  • The Controller may make corrections in the amendment of applications for patents or Complete Specifications or any other documents related to patents in terms of clerical errors upon pursuance of such applications or in any other applications or the register as per the law.
  • Such corrections may be made either by himself without any requests or based on the request from a person interested upon filing an application paying the fee.
  • Before making such corrections, the Controller shall inform the concerned members of the Patents (patentee or applicant or any person as per the case) and give him an opportunity to be heard.
  • When such requests for correction in a patent application is received by the Controller, which alters the scope of the invention or the complete document and if believes that the correction shall not be made without notice to the persons affected (patentee, applicant etc.,), he shall require the person to provide a notice of the proposed correction to be made published in the prescribed manner
  • If the patentee or applicants or any person within a defined time after such publication may give notice to the Controller as an opposition to the request for Correction proposed. the Controller shall give notice to the person who makes the request and the opponent giving an opportunity to be heard before decision.

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