Patents Rules, 2003
48.
When a prima facile
case
not made out.
If upon consideration
of the evidence, the
Controllers satisfied
that a prima facie Case has not been made out for making an order under any of
the sections referred to in rule 47, he shall notify the applicant accordingly.
Unless the applicant
makes a
request to be heard in the matter, the Controller shall refuse the application
after the expiry of a period of one month from the date of issue of the notice.
2. If the applicant
makes q request for hearing within the 6me allowed under Sub-rule (1), the
Controller shall, after giving the applicant an opportunity of being heard,
determine whether the application may be proceeded with or it shall be refused.
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