THIS ARTICLES IS WRITTEN BY ANSARI SHAHEEN FINAL YEAR STUDENT OF UNIVERSITY OF MUMBAI.                                            

INTRODUCTION:

The provision related to Controller under patent act is governed under Indian Patent Act and Patent Rule 2003. The main objective of the controller under patent act is to administer and provide the service to the innovator who are applying for the patent under Indian Patent Act,1970 and Indian Patent Rule, 2003. 

MEANING:

The Central Government appoint the Controller General of Patents, Designs and Trademarks. The purpose of appointing these officers is to discharge his duties and comply with all requirements under Patent Act,1970.

DEFINITION:

(1) The Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) of [section 3 of the Trade Marks Act, 1999 (47 of 1999)], shall be the Controller of Patents for the purposes of this Act.

(2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations as it thinks fit.

(3) Subject to the provisions of this Act, the officers appointed under subsection (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time by general or special order in writing, authorise them to discharge.

(4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.

POWER OF CONTROLLER OFFICER:

Power of Controller relating to Civil Court:

Section 77 of the patent Act,1970 and Rule 136 of the Patent Rules, 2003 have given the power to Controller to try suits under Code of Civil Procedure, 1908.

The Power are as follows:

1. Summoning the attendance of any person and examining him.
2. Receiving evidence on affidavit.
3. Requiring the discovery and production of any document.
4. Requesting the any records from public office or courts.
5. Issuing a commission for examination witness documents.
6.  Any other matter which may be prescribed.

Power of Controller relating to correct the clerical errors, etc:

Section 78 of the Patent Act,1970, Rule 122 and Rule 124 deals with the power relating to correct the clerical errors.

1. Without prejudice to the provision contained in the section 57 and 59 regarding amendment of patent application or completing the specification or other related document thereto and subject to provision of section 44 of the Patent Act, the Controller may act accordance with the provision of this section, correct any clerical error in any patent or in any specification or other documents filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entitled in the register.
2. A correction may be made as this above section with or without request if it is made with the request then it shall be in writing made by interested person with prescribed fees.
3. Where the Controller proposes to make such correction as aforesaid then he shall give a notice to the patentee of the proposal and 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 Controller that Correction would materially alter the meaning and scope of the document to which the request relates and ought not to be made without notice to person affected thereby, he shall require notice of the nature of the proposed correction to be published in the prescribed manner.
5. Within the prescribed time after any such publication as aforesaid any person interested may give notice to controller of the opposition to the request and where such notice of opposition is given, the controller shall give a 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 79: Evidence how to be given and powers of controller in respect thereof;

Subject to any rules made in this behalf in any proceeding under this Act before the Controller shall be given by affidavit in the absence of direction by the Controller to the contrary but in any case, in which the Controller thinks it rights so to do, he may take oral evidence in lieu, of or in addition to, evidence by an affidavit, or may allow any party to be cross examined on the contents of his affidavit.

Section 80: exercise of discretionary powers by the Controller

Without prejudice to any provision contained in this Act, requiring the Controller to hear any part to the proceedings thereunder or to give any such party an opportunity to be heard, the Controller shall give to any applicant for a patent or for amendment of specification (if within the prescribed time the applicant so requires) an opportunity to be heard before exercising adversely to the applicant any discretion vested in the Controller by or under this Act.

Provided that the party desiring a hearing makes the request for such hearing to the controller at least ten days in advance of the expiry of the time limit specified in respect of the proceeding.

Conclusion:

Controller of the Patent is very essential for the overall patent activity. It examines the patent properly as per the terms and condition of the patent Act,1970. Controller gives the clear image of the patent application for eligibility. He has power under the Indian Patent Act, 1970. He discharges all his duties as may prescribed.  

 REFERENCES:

1. https://lawcirca.com/general-powers-of-controller-general-of-patents/#:~:text=Section%2077%20of%20the%20Patent,the%20Code%20of%20Civil%20Procedure.

2. https://corpbiz.io/learning/general-powers-of-controller-of-patent-in-india/

3. https://www.mondaq.com/india/patent/408598/powers-vested-in-the-controller-under-the-patents-system

4. https://ipindia.gov.in/writereaddata/Portal/ev/sections/ps73.html

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