Patents Rules, 2003
56. Constitution of Opposition Board and its
proceeding. —
1.
On
receipt of notice of opposition under rule 55A, the Controller shall, by order,
constitute an Opposition Board consisting of three members and nominate one of
the members as the Chairman of the Board.
2.
An
examiner appointed under sub-section (2) of section 73 shall be eligible to be
a member of the Opposition Board.
3.
The
examiner, who has dealt with the application for patent during the proceeding
for grant of patent thereon shall not be eligible as member of Opposition Board
as specified in sub-rule (2) for that application.
4.
The
Opposition Board shall conduct the examination of the notice of opposition
along with documents filed under rules 57 to 60 referred to under sub-section
(3) of section 25, submit a report with reasons on each ground taken in the
notice of opposition with its joint recommendation within three months from the
date on which the documents were forwarded to them.
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