The Patents Act, 1970 · XV — POWERS OF CONTROLLER GENERALLY

Section 77. Controller to have certain powers of a civil court

In force · As amended up to 2026-08

CHAPTER XV POWERS OF CONTROLLER GENERALLY 77. Controller to have certain powers of a civil court . — (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. 1. Subs. by Act 15 of 2005, s. 50, for sub-section (2) (w.e.f. 1-1-2005). 2. Subs. by Act 38 of 2002, s. 36, for "Central Government" (w.e.f. 20-5-2003). 3. The words "or Appellate Board" omitted by Act 33 of 2021, s. 13 (w.e.f. 4-4-2021). 4. The words and figures "or under the Indian Patents or Designs Act, 1911 (2 of 1911)" omitted by Act 38 of 2002, s. 36 (w.e.f. 20-5-2003). (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.

Source: India Code