Patents Rules, 2003
62. Hearing .—
1.
On
the completion of the presentation of evidence, if any, and on receiving the
recommendation of Opposition Board or at such other time as the Controller may
think fit, he shall fix a date and time for the hearing of the opposition and
shall give the parties not less than ten days' notice of such hearing and may
require members of Opposition Board to be present in the hearing.
2. If either
party to the proceeding desires to be heard, he shall inform the Controller by
a notice along with the fee as specified in the First Schedule.
3. The
Controller may refuse to hear any party who has not given notice under sub-rule
(2).
4. If either
party intends to rely on any publication at the hearing not already mentioned
in the notice, statement or evidence, he shall give to the other party and to
the Controller not less than five days' notice of his intention, together with
details of such publication.
5. After
hearing the party or parties desirous of being heard, or if neither party
desires to be heard, then without a hearing, and after taking into
consideration the recommendation of Opposition Board, the Controller shall
decide the opposition and notify his decision to the parties giving reasons
there for.
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