Controller to have certain powers of a civil court
Section 77 of the Patents Act, 1970 deals with controller to have certain powers of a civil court. 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 attendan The Act came into force on 01 Apr 1978.
(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.
Section 77, The Patents Act, 1970 (Act 39 of 1970).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Neon Laboratories Limited v. Controller of Patents
Court's Decision & Legal Precedent
Patents Act s.77(1)(f) review and s.117A appeal are concurrent remedies (not election); prompt review kept pending years by Controller before rejection can constitute sufficient cause under Limitation Act s.5 to condone delay in later appealing the original s.15 refusal — 2137 days condoned; maintainability objections on merits kept open.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 77
What have the courts held on Section 77 of the Patents Act?
Neon Laboratories Limited v. Controller of Patents (30 Jun 2025) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 77 of the Patents Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Patents Act 77, section 77 Patents Act, section 77 of the Patents Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Neon Laboratories Limited v. Controller of Patents (30 Jun 2025).
When did Section 77 of the Patents Act come into force?
Section 77 of the Patents Act, cited as Patents Act 77, came into force on 01 Apr 1978, having been enacted on 19 Sep 1970. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.