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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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