Sections 77 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 77 gives the Controller the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, in eight listed matters, including summoning witnesses, taking evidence on affidavit, awarding costs, reviewing his own decision and setting aside an ex parte order. Section 78 lets him correct clerical errors in a patent, specification, application or entry in the register, with notice and a hearing where he acts on his own and publication and opposition where the correction would materially change meaning or scope. If you are heading to a hearing, our patent hearing support team can prepare you.
In any proceedings before him under the Act, the Controller has the powers of a civil court in eight matters: summoning and examining on oath, discovery and production of documents, evidence on affidavits, commissions, costs, review of his own decision, setting aside an ex parte order, and any prescribed matter. Costs are executable as a decree (s.77). He may correct clerical errors on request or on his own motion; a correction that materially alters meaning or scope must be published and may be opposed (s.78).
Amendments to know
The Controller's powers under section 77 are subject to rules; sub-section (2) was substituted by the Patents (Amendment) Act, 2005 (from 1 January 2005). In section 78(1), the words "or other documents relating thereto" were inserted by the 2002 Act (from 20 May 2003); in sub-sections (4) and (5) "published" and "such publication" replaced "advertised" and "such advertisement" under the 2005 Act. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change these sections.
Section 77: powers of a civil court
Sub-section (1): the eight matters
"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:—"
| Clause | Power |
|---|---|
| (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 |
The list is limited to these matters. The Controller does not have every power of a civil court; he has those powers "in respect of the following matters". The words "in any proceedings before him under this Act" cover all proceedings, from opposition hearings to hearings on applications.
Review and ex parte orders
Clauses (f) and (g) matter to parties. If the Controller has decided against you, you may apply for review "within the prescribed time and in the prescribed manner". If an order was passed in your absence, you may apply to set it aside, again within the prescribed time and manner. The Patents Rules, 2003 prescribe the period and form; they are not covered here and this article states no number of days.
Sub-section (2): costs
"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." A costs order does not need a separate suit; it can be enforced as a decree.
Section 78: correction of clerical errors
Sub-section (1): the power
"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, 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."
Two things follow. First, section 78 covers only a "clerical error"; changes of substance go through amendment under sections 57 to 59, covered in our article on section 57. Second, the power is "subject to the provisions of section 44", which deals with amendment of a patent granted to a deceased applicant. The text does not define "clerical error".
Sub-section (2): request or own motion
"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." So the Controller can act on a written request from a person interested (with the prescribed fee) or on his own.
Sub-section (3): notice for corrections on his own motion
"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."
Sub-section (4): publication where meaning or scope would change
"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."
Sub-section (5): opposition
"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."
| Situation | What the Controller must do |
|---|---|
| Correction on his own proposal | Notice to patentee or applicant and anyone concerned; hearing first |
| Request; no material change of meaning or scope | May correct; the text requires no publication |
| Request; correction would materially alter meaning or scope | Require publication of the nature of the correction |
| Opposition filed after publication | Notify the requester; hear requester and opponent; decide |
Illustration (invented)
Section 77. In an opposition hearing, Praveen Chemicals Ltd. is absent on the date fixed because its notice went to an old address. The Controller passes an order ex parte. Praveen applies within the prescribed time and in the prescribed manner under section 77(1)(g) to set the order aside. The Controller, who has the powers of a civil court in this respect, may do so. If the Controller awards costs against another party in the matter, the costs order is executable as a decree.
Section 78. Sunita's granted patent lists the inventor's surname as "Sharma" while every other record says "Sharma-Iyer". She requests correction in writing with the prescribed fee. If it appears to the Controller that the correction does not materially alter the meaning or scope of the document, he may correct it. But if a request were to change a numerical limit in claim 2, which would materially alter its scope, he would require publication, and any person interested could oppose.
What the sections do not say
- No time limits, forms or fees for review, ex parte applications or correction requests: all prescribed.
- No definition of "clerical error" or "materially alter".
- No scale of costs.
- No statement of appeal rights; appeals against the Controller's orders are the subject of section 117A, covered later in this series.
Need help at a Controller's hearing?
Review, ex parte and costs rules can decide the outcome of a patent proceeding. Our patent hearing support team can prepare affidavits, appear for you and, if an order has gone against you, advise on a review application.
Key takeaways
- The Controller has a civil court's powers in eight listed matters, including costs, review and setting aside ex parte orders.
- Costs awards are executable as a decree.
- Review and ex parte applications must be made within the prescribed time and manner.
- Clerical errors may be corrected on request or without one; notice and a hearing are needed where he acts on his own.
- A correction that materially alters meaning or scope must be published and may be opposed.
Read next
- Sections 79 to 81: evidence, discretionary powers and extension of time
- Section 57: amendment of application and specification before the Controller
- Patent examination process: request, FER and hearing
- Common patent application rejections and how to overcome them
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.