INTERNATIONAL CONTROL AUTOMATION FINANCE Vs. CONTROLLER OF PATENTS AND DESIGNS
LAWS(CAL)-1993-9-27
HIGH COURT OF CALCUTTA
Decided on September 24,1993

INTERNATIONAL CONTROL AUTOMATION FINANCE Appellant
VERSUS
CONTROLLER OF PATENTS AND DESIGNS Respondents

JUDGEMENT

Ajay Nath Ray, J. - (1.) This application is made under Section 71 of the Patents Act, 1970 by three petitioners.
(2.) That Section contains the power of the High Court to rectify the Register of Patents in certain cases and the first sub-section of the said Section is important for our purposes. The same is set out below:- "71. Rectification of register by High Court - (1) The High Court 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 in 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."
(3.) The reason why the petitioners call for a rectification of the register on the ground of errors contained in it is as follows. During the period 1983-1986 the third petitioner became entitled to nine several patents which were duly entered in the register in its favour.;


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