Patents Rules, 2003
100. Application under section 88(4). —
1. An
application under sub-section (4) of section 88 for the revision of the terms
and conditions of a licence which have been settled by the Controller shall be
in Form 20 and shall state the facts relied upon by the applicant and the
relief he seeks and shall be accompanied by evidence in support of the
application.
2. If the
Controller is satisfied that a prima facie case has not been made out for the
revision of the terms and conditions of the licence, he may notify the
applicant accordingly and unless within a month the applicant requests to be
heard in the matter, the Controller may refuse the application.
3. The
Controller, after giving the applicant an opportunity of being heard, shall
determine whether the application shall be proceeded with or whether the
application shall be refused.
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