September 12, 2026

Section 78 – Patents Act, 1970

78. Power of Controller to correct clerical errors, etc.

(1) Without prejudice to sections 57 and 59 and subject to section 44, the Controller may correct any clerical error in any patent, specification or other document filed in pursuance of an application, or in any application, or in any matter entered in the register.

(2) A correction may be made on a written request accompanied by the prescribed fee, or without such request.

(3) Where the Controller proposes a correction otherwise than on request, he shall give notice to the patentee/applicant and any other concerned person, with an opportunity to be heard.

(4) Where a requested correction would materially alter the meaning or scope of the document and ought not to be made without notice to affected persons, the Controller shall require notice of the proposed correction to be published in the prescribed manner.

(5) Within the prescribed time after publication, any interested person may give notice of opposition; the Controller shall notify the requester and give both parties an opportunity to be heard before deciding.