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Section 71, Patents Act 1970: Rectification of Register by Appellate Board

Section 71 (Rectification of register by Appellate Board) under Chapter XIII (Register of Patents) of the Patents Act, 1970 ⦂―

❝(1) The Appellate Board may, on the application of any person aggrieved—

 (a) by the absence or omission from the register of any entry; or
 (b) by any entry made in the register without sufficient cause; or
 (c) by any entry wrongly remaining on the register; or
 (d) by any error or defect in any entry in the register,

make such order for the making, variation or deletion, of any entry therein as it may think fit.

(2) In any proceeding under this section the Appellate Board may decide any question that may be necessary or expedient to decide in connection with the rectification of the register.

(3) Notice of any application to the Appellate Board under this section shall be given in the prescribed manner to the Controller who shall be entitled to appear and be heard on the application, and shall appear if so directed by the Board.

(4) Any order of the Appellate Board under this section rectifying the register shall direct that notice of the rectification shall be served upon the Controller in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.❞



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The Patents Act, 1970 was amended by :
- the Patents (Amendment) Act, 1999 (No. 17 of 1999);
- the Patents (Amendment) Act, 2002 (No. 38 of 2002);
- the Patents (Amendment) Act, 2005 (No. 15 of 2005).

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