Patents Rules, 2003
52.
Procedure to be followed in case of application under rule 51. –
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
holder of exclusive marketing rights or upon any other person on whom, in his
opinion, such copies should be served.
The applicant shall
inform the Controller the date on which the service of copies of application
and of the evidence on the holder of exclusive marketing right and other
persons referred to in sub-rule (1) has affected.
3. The holder of the
exclusive marketing right or any other person on whom copies of the application
and of the evidence have been served may give the Controller a notice of
opposition in FOl1l1 14 as may be modified as deemed necessary, within two
months 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 service has been made.
5. No further evidence
or statement shall be filed by either party except with special leave or
requisition by the Controller.
6. On completion of the
proceedings specified under sub-rules (1) to (5) or at such other time as he
may deem fit, 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 hearings
under this rule as they apply to the hearing of opposition to the grant of a patent.
8. If the Controller
decides to revise the terms and conditions of licence he shall amend the
licence granted to the applicant in such manner as 'he may deem necessary.
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