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Section 98 – The Patents Rules,2003

The Patents Rules,2003

Section 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 1[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 then 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 2[in opposition proceedings].

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1. Substituted for “advertisement” by the Patents (Amdt.) Rules,2005, w.e.f. 1-1-2005 .

2. Substituted for “of opposition to the grant of patents” by the Patents (Amdt.) Rules,2005, w.e.f. 1-1-2005.

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