Power of Controller to correct clerical errors, etc
Section 78 of the Patents Act, 1970 deals with power of Controller to correct clerical errors, etc. Without prejudice to the provisions contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications [or other documents relating thereto] and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, co The Act came into force on 01 Apr 1978.
(1) Without prejudice to the provisions contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications 1[or other documents relating 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 2[published] in the prescribed manner.
(5) Within the prescribed time after any 3[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.
Section 78, The Patents Act, 1970 (Act 39 of 1970).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 78
What does Section 78 of the Patents Act deal with?
Section 78 of the Patents Act is headed "Power of Controller to correct clerical errors, etc". Without prejudice to the provisions contained in sections 57 and 59 as regards amendment of applications for patents or complete specifications [or other documents relating thereto] and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, co
How do I find court cases under Section 78 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 78, section 78 Patents Act, section 78 of the Patents Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 78 of the Patents Act, and has it changed?
Its own text turns on section 44 (Amendment of patent granted to deceased applicant), section 57 (Amendment of application and specification before Controller), section 59 (Supplementary provisions as to amendment of application or specification), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 78 of the Patents Act come into force?
Section 78 of the Patents Act, cited as Patents Act 78, 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 17 Oct 2026. This page is not a substitute for legal advice.