Page
39 of 66
Proprietor...............................
Assignment ................ registered as………….............
licencee ..................... by virtue of
................
licence …… Mortgagee etc. ......
……Mortgage deed etc………….......................dated
…………….and made between
................................. of the one part and ....................... of the other part."
93. Entry of Renewal fee. — Upon receipt of the payment of the prescribed renewal fee in
respect of a patent, the Controller shall enter in the register of patents the fact that the fee
has been paid and the date of payment of such fee and issue a certificate of renewal of the
patent.
94.Alteration of address.—(1) A patentee may make a request in writing along with fee
payable to the Controller for the alteration of his name, nationality, address or address for
service as entered in the register of patents in respect of any patent granted to him. The
Controller may require such proof of the alteration as he may think fit before acting on a
request to alter the name or nationality.
(2)If the Controller allows a request made under sub-rule (1), he shall cause the entries in
the register to be altered accordingly.
(3)If a patentee makes a request in writing along with fee payable for entering an
additional address for service in India and if the Controller is satisfied that the request
should be allowed, he shall have the additional address for service entered in the register.
95.Inspection of register of patents under section 72 and fees payable therefor.—(1) The
register of patents shall be open for public inspection during office hours on payment of the
fees specified therefor in the First Schedule.
(2) When register of patents or any part thereof is in computer floppies, diskettes or
any
other electronic form the person authorised by the Controller under sub-rule (3) of rule
88
shall provide access to the computer floppies, diskettes or other electronic form or
printouts of the records thereof.
Page
40 of 66
CHAPTER XIII
COMPULSORY LICENCE AND REVOCATION OF
PATENT
96. Application for compulsory licence etc.—An application to the Controller for an order
under section 84, section 85, section 91 or section 92 or section 92A shall be in Form
17, or
Form 19, as the case may be. Except in the case of an application made by the Central
Government, the application shall set out the nature of the applicant's interest and terms
and conditions of the licence the applicant is willing to accept.
97. When a prima facie case is not made out .—(1) If, upon consideration of the evidence,
the Controller is satisfied that a prima facie case has not been made out for the making of
an order under any of the sections referred to in rule 96, he shall notify the applicant
accordingly, and unless the applicant requests to be heard in the matter, within one month
from the date of such notification, the Controller shall refuse the application.
(2) If the applicant requests for a hearing within the time allowed under sub-rule (1), the
Controller shall, after giving the applicant an opportunity of being heard, determine
whether the application may be proceeded with or whether it shall be refused.
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.
99. Manner of publication of the revocation order.—The Controller shall publish the order
made by him under sub-section (3) of section 85 revoking a patent.
Page
41 of 66
100. Application under section 88(4).—(1) An application under sub-section (4) of section
88 for the revision of the terms and conditions of a licence which have been settled by the
Controller shall be in Form 20 and shall state the facts relied upon by the applicant and the
relief he seeks and shall be accompanied by evidence in support of the application.
(2) If the Controller is satisfied that a prima facie case has not been made out for the
revision of the terms and conditions of the licence, he may notify the
applicant
accordingly and unless within a month the applicant requests to be heard in the
matter, the
Controller may refuse the application.
(3)The Controller, after giving the applicant an opportunity of being heard, shall determine
whether the application shall be proceeded with or whether the application shall be
refused.
101. Procedure to be followed in case of applications under section 88(4).—(1) If the
Controller allows the application to be proceeded with, he shall direct the applicant to serve
copies of the application and of the evidence in support thereof upon the patentee or any
other person appearing in the register to be interested in the patent or upon any other
person on whom, in his opinion such copies should be so served.
(2) The applicant shall inform the Controller the date on which the service of copies
of
application and of the evidence on the patentee and other persons referred to in sub-rule
(1) has been effected.
(3) The patentee or any other person on whom copies of the application and of the
evidence have been served, may give to the Controller notice of opposition in Form 14
within one month from the date of such service. Such notice shall contain the grounds
relied upon by the opponent and shall be accompanied by evidence in support of the
opposition.
(4) The opponent shall serve copies of the notice of opposition and his evidence on the
applicant and inform the Controller the date on which such service has been effected.
(5) No further evidence or statement shall be filed by either party except with special leave
of or on requisition by the Controller.
(6) On completion of the above proceedings, the Controller shall forthwith fix a date and
the time for the hearing of the case and shall give the parties not less than ten days' notice
of such hearing.
(7) 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.
(8) If the Controller decides to revise the terms and conditions of licence he shall forthwith
amend the licence granted to the applicant in such manner, as he may deem necessary.
102. Application for termination of compulsory licence under section 94.—(1) An
Dostları ilə paylaş: |