Patents Rules, 2003
Chapter VI Opposition Proceedings to Grant of
Patents
55. Opposition to the patent. —
1.
Representation
for opposition under sub-section (1) of section 25 shall be filed at the
appropriate office and shall include a statement and evidence, if any, in
support of the representation and a request for hearing if so desired.
1A.
Notwithstanding
anything contained in sub-rule (1), no patent shall be granted before the
expiry of a period of six months from the date of publication of the
application under section 11 A.
1.
2.
The
Controller shall consider such representation only when a request for
examination of the application has been filed.
3.
On
consideration of the representation if the Controller is of the opinion that
application for patent shall be refused or the complete specification requires
amendment, he shall give a notice to the applicant to that effect along with a
copy of such representation.
4.
On
receiving the notice under sub-rule (3), the applicant shall, if he so desires,
file his statement and evidence, if any in support of his application within
three months from the date of the notice.
5.
On
consideration of the statement and evidence filed by the applicant, the
Controller may either refuse to grant a patent on the application or require
the complete specification to be amended to his satisfaction before the patent
is granted.
6.
After
considering the representation and submission made during the hearing if so
requested, the Controller shall proceed further simultaneously either rejecting
the representation and granting the patent or accepting the representation and
refusing the grant of patent on that application, ordinarily within one month
from the completion of above proceedings.
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