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61. Copies of documents to be supplied.—(1) Copies of all documents referred to in the
notice of opposition or in any statement or evidence filed in connection with the opposition
and authenticated to the satisfaction
of the Controller, shall be simultaneously furnished in
duplicate unless the Controller otherwise directs.
(2) Where a specification or other document in a language other than English is referred to
in the notice, statement or evidence, an attested translation thereof, in duplicate, in English
shall be furnished
along with such notice, statement or evidence, as the case may be.
62. Hearing.—(1) On the completion of the presentation of evidence, if any, and on
receiving the recommendation of Opposition Board or at such other time as the Controller
may think fit, he shall fix a date and time for the hearing of the opposition and shall give the
parties not less than ten days' notice of such hearing and
may require members of
Opposition Board to be present in the hearing.
(2) If either party to the proceeding desires to be heard, he shall
inform the
Controller by a notice along with the fee as specified in the First Schedule.
(3) The Controller may refuse to hear any party who has not
given notice under sub-rule
(2).
(4) If either party intends to rely on any publication at the hearing not already mentioned
in the notice, statement or evidence, he shall give to the other party and to the Controller
not less than five days' notice of his intention, together with details of such publication.
(5) After hearing the party or parties desirous of
being heard, or if neither party desires to
be heard, then without a hearing, and after taking into consideration the recommendation
of Opposition Board, the Controller shall decide the opposition and notify his decision to the
parties giving reasons therefor.
63. Determination of costs. — If the patentee notifies the Controller that
he desires to
withdraw the patent after notice of opposition is given, the Controller, depending on the
merits of the case, may decide whether costs should be awarded to the opponent.
63A. Request made under section 26(1).—Request under section 26(1) shall be made on
Form 12 within three months from the date of the order of the Controller and shall be
accompanied by a statement setting out the facts upon which the petitioner relies and relief
he claims.
64. & 65. [Omitted by Patents (Amendment) Rules, 2005]
66. Form of making a request under section 28(2).—A request under subsection (2)
of
section 28 shall be made in Form 8.
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67. Form of making a claim under section 28(3).— (1) A claim under sub section (3) of
section 28 shall be made in Form 8, and shall be accompanied by a statement setting out
the circumstances under which the claim is made.
(2) A copy of the claim and the statement shall be sent by the Controller to every applicant
for the patent (not being the claimant) and to any other person
whom the Controller may
consider to be interested.
68. Form of application to be made under section 28(7).— (1) An application under
sub-section (7) of section 28 shall be made in Form 8 and shall be accompanied by a
statement setting out the circumstances under which the application is made.
(2)A copy of the application and the statement shall be sent by the Controller to each
patentee or the applicant for patent, as the case may be, and
to any other person whom
the Controller may consider to be interested.
69. Procedure for the hearing of claim or an application under section 28.—The procedure
specified in rules 55A and 57 to 63 relating to the filing of notice of opposition, written
statement, reply, statement, leaving evidence, hearing and cost shall, so far as may be,
apply to the hearing of a claim or an application under section 28 as they apply to the
opposition proceedings subject to the modification that reference to patentee shall be
construed as the person making the claim, or an application, as the case may be.
70. Mention of inventor.—Any mention of the inventor under sub-section (1) of section
28
shall be made in the relevant documents in the following form namely:—
"The inventor of this invention/substantial part of
this invention
within the
meaning of section 28 of the Patents Act, 1970, is…… ................of…………. ".