Section 78 – THE PATENTS ACT, 1970

(1) Without prejudice to the provisions
contained in sections 57 and 59 as regards amendment of applications for patents or
complete specifications or other documents related 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.
(2) 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.
(3) 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.
(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 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.
(5) 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.