Section 77 Indian Patents Act

Section 77 of the Indian Patents Act

Section 77 of the Indian Patents Act 1970 is about Controller to have certain powers of a civil court. It is under CHAPTER XV of the Act. CHAPTER XV is titled POWERS OF CONTROLLER GENERALLY.

(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.


See also:

Section 76 Indian Patents Act 1970 (Officers and employees not to furnish information, etc.)

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