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Section 55 – The Patents Rules,2003

The Patents Rules,2003

Section 55. Opposition to the patent

1[OPPOSITION PROCEEDINGS TO GRANT OF PATENT]

2[ 3[Opposition to the patent]. 4[(1) Representation for opposition under sub-section (1) of section 25 shall be filed at the appropriate office and shall include a statement and evidence, if any, in support of the representation and a request for hearing if so desired.

(1A) Notwithstanding anything contained in sub-rule (1), no patent shall be granted before the expiry of a period of six months from the date of publication of the application under section 11 A.]

(2) The Controller shall consider such representation only when a request for examination of the application has been filed.

(3) On consideration of the representation if the Controller is of the opinion that application for patent shall be refused or the complete specification requires amendment, he shall give a notice to the applicant to that 5[effeet along with a copy of such representation].

(4) On receiving the notice under sub-rule (3), the applicant shall, if he so desires, file his statement and evidence, if any in support of his application within 6[three months] from the date of the notice.

(5) On consideration of the statement and evidence filed by the applicant, the Controller may either refuse to grant a patent on the application or require the complete specification to be amended to his satisfaction before the patent is granted.

6) After considering the representation and submission made during the hearing if so requested, the Controller shall proceed further simultaneously either rejecting the representation and granting the patent or accepting the representation and refusing the grant of patent on that application, ordinarily within one month from the completion of above proceedings.

——————-

1. Substitued for “OPPOSITION PROCEEDINGS” by the Patents (Amdt.) Rules,2006, w.e.f. 5-5-2006. Earlier, the heading “OPPOSITION TOGRANTOF PATENTS” was subs, by the Patents (Amdt.) Rules,2005, w.e.f. 1-1-2005.

2. Substituted for existing rules 55 to 57 by the Patents (Amdt.) Rules,2005, w.e.f. 1-1-2005.

3. Substituted for the marginal heading by the Patents (Amdt.) Rules,2006, w.e.f. 5-5-2006.

4. Substituted, ibid.

5. Substituted for the word “effect”, ibid.

6. Substituted for the words “one month”, ibid.

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