Patents Rules, 2003
98. Notice of opposition under section 87(2). —
1.
A
notice of opposition under sub-section (2) of section 87 shall be given in Form
14 and shall be sent to the Controller within two months from the date of the
publication of the application under sub-section (1) of the said section.
2.
The
notice of opposition referred to in sub-rule (1) shall include the terms and
conditions of the licence, if any, the opponent is prepared to grant to the
applicant and shall be accompanied by evidence in support of the opposition.
3.
The
opponent shall serve a copy of his notice of opposition and evidence on the
applicant and notify the Controller when such service has been effected.
4.
No
further statement or evidence shall be delivered by either party except with
the leave of or on requisition by the Controller.
5.
The
Controller shall forthwith fix a date and time for the hearing of the case and
shall give the parties not less than ten days' notice of such hearing.
6.
The
procedure specified in sub-rules (2) to (5) of rule 62, shall, so far as may
be, apply to the procedure for hearing under this rule as they apply to the
hearing in opposition proceedings.
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