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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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