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Section 130 – The Patents Rules,2003

The Patents Rules,2003

Section 130. Application for review of decisions or setting aside of orders of the Controller

(1) An application to the Controller for the review of his decision under clause (f) of sub-section (1) of section 77 shall be made in 1[Form 24] within one month from the date of communication of such decision to the applicant or within such further period not exceeding one month thereafter as the Controller may on a request made in Form 4 allow and shall be accompanied by a statement setting forth the grounds on which the review is sought. Where the decision in question concerns any other person in addition to the applicant, the Controller shall forthwith transmit a copy of each of the application and the statement to the other person concerned.

(2) An application to the Controller for setting aside an order passed by him exparte under clause (g) of sub-section (1) of section 77 shall be made in 1[Form 24] within one month from the date of communication of such order to the applicant or within such further period not exceeding one month as the Controller may on a request made in Form 4 allow and shall be accompanied by a statement setting forth the grounds on which the application is based. Where the order concerns any other person in addition to the applicant, the Controller shall, forthwith transmit a copy each of the application and the statement to the other person concerned.

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1. Substituted for “Form 25”, ibid.

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