Patents Rules, 2003
97. When a prima facie case is not made out .—
upon consideration of the evidence, the Controller is satisfied that a prima
facie case has not been made out for the making of an order under any of the
sections referred to in rule 96, he shall notify the applicant accordingly, and
unless the applicant requests to be heard in the matter, within one month from
the date of such notification, the Controller shall refuse the application.
the applicant requests for a hearing within the time allowed under sub-rule
(1), the Controller shall, after giving the applicant an opportunity of being
heard, determine whether the application may be proceeded with or whether it
shall be refused.