Patents Rules, 2003
101. Procedure to be followed in case of applications under
section 88(4). —
1. If the
Controller allows the application to be proceeded with, he shall direct the
applicant to serve copies of the application and of the evidence in support
thereof upon the patentee or any other person appearing in the register to be
interested in the patent or upon any other person on whom, in his opinion such
copies should be so served.
2. The
applicant shall inform the Controller the date on which the service of copies
of application and of the evidence on the patentee and other persons referred
to in sub-rule (1) has been effected.
3. The
patentee or any other person on whom copies of the application and of the
evidence have been served, may give to the Controller notice of opposition in
Form 14 within one month from the date of such service. Such notice shall
contain the grounds relied upon by the opponent and shall be accompanied by
evidence in support of the opposition.
4. The
opponent shall serve copies of the notice of opposition and his evidence on the
applicant and inform the Controller the date on which such service has been
effected.
5. No
further evidence or statement shall be filed by either party except with
special leave of or on requisition by the Controller.
6. On
completion of the above proceedings, the Controller shall forthwith fix a date
and the time for the hearing of the case and shall give the parties not less
than ten days' notice of such hearing.
7. The
procedure specified in sub-rules (2) to (5) of rule 62 shall, so far as may be,
apply to the procedure for hearing under this rule as they apply to the hearing
in opposition proceedings.
8. If the
Controller decides to revise the terms and conditions of licence he shall
forthwith amend the licence granted to the applicant in such manner, as he may
deem necessary.
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