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the claims and shall be in the following form, namely: —
"Reference has been directed, in pursuance of section 18(2) of the Patents
Act, 1970, to the
specification filed in pursuance of application No……………"
32. Procedure in case of potential infringement.— If in consequence of an investigation
made under section 13, it appears to the Controller that the applicant's invention cannot
be performed without substantial risk of infringement of a claim of
another patent, the applicant shall be so informed and the procedure provided in rule 29
shall, so far as may be necessary, be applicable.
33. Form of reference to another patent.— Where the Controller directs
that a reference to another patent shall be inserted in the applicant's complete
specification under subsection (1) of section 19, such reference shall be
inserted, after the claims in the following form, namely: —
"Reference has been directed, in pursuance of section 19(1) of the Patents
Act, 1970, to
Patent No………… "
34. Manner in which a claim under section 20(1) shall be made.—(1) A claim under
subsection (1) of section 20 shall be made in Form 6.
(2)The original assignment or agreement or an official copy or notarized copy thereof shall
also be produced for the Controller's inspection and the Controller may call for such other
proof of title or written consent as he may require.
35. Manner in which a request may be made under section 20(4).—(1) A request under
subsection (4) of section 20 shall be made in Form 6.
(2) The request shall be accompanied by proof of death of the joint applicant and a
certified copy of the probate of the will of the deceased or letters of administration in
respect of his estate or any other document to prove that the person who gives the consent
is the legal representative of the deceased applicant.
36. Manner of application under section 20(5).—(1) An application under sub-section (5) of
section 20 shall be made in Form 6 in duplicate and shall be accompanied by a statement
setting out fully the facts upon which the applicant relies and the directions which he seeks.
(2) A copy of the application and statement shall be sent by the Controller to every other
joint applicant.
37. Numbering of applicant ions on the grant of patent.— On the grant of a patent, the
application shall be accorded a number (called serial number) in the series of numbers
accorded to patents under the Indian Patents and Designs Act, 1911 (2 of 1911), which shall
be the number of the patent so granted.
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38. [Omitted ]
CHAPTER V (Omitted)
EXCLUSIVE MARKETING RIGHTS
Rules 39 to 54 [Omitted by Patents (Amendment) Rules, 2005]
CHAPTER VI
OPPOSITION PROCEEDINGS TO GRANT OF
PATENTS
55. Opposition to the patent.― (1) Representation for opposition under sub-section (1) of
section 25 shall be filed in Form 7(A) at the appropriate office with a copy to the applicant,
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 11A.
(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 effect.
(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 three months from the
date of the notice, with a copy to the opponent.
(5) On consideration of the statement and evidence filed by the applicant, the
representation including the statement and evidence filed by the opponent, submissions
made by the parties, and after hearing the parties, if so requested, the Controller may
either reject the representation or require the complete specification and other documents
to be amended to his satisfaction before the patent is granted or refuse to grant a patent on
the application, by passing a speaking order to simultaneously decide on the application
and the representation ordinarily within one month from the completion of above
proceedings.
(6) [omitted]
55A. Filing of notice of opposition.— The notice of opposition to be given under sub-
section (2) of section 25 shall be made in Form 7 and sent to the Controller in duplicate at
the appropriate office.
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56. Constitution of Opposition Board and its proceeding.—(1) on receipt of notice of
opposition under rule 55A, the Controller shall, by order, constitute an Opposition Board
consisting of three members and nominate one of the members as the Chairman of the
Board.
(2) An examiner appointed under sub-section (2) of section 73 shall be eligible to be a
member of the Opposition Board.
(3) The examiner, who has dealt with the application for patent
during the proceeding for grant of patent thereon shall not be eligible as member of
Opposition Board as specified in sub-rule (2) for that application.
(4) The Opposition Board shall conduct the examination of the notice of opposition along
with documents filed under rules 57 to 60 referred to under sub-section (3) of section 25,
submit a report with reasons on each ground taken in the notice of opposition with its joint
recommendation within three months from the date on which the documents were
forwarded to them.
57. Filing of written statement of opposition and evidence.— The opponent shall send a
written statement in duplicate setting out the nature of the opponent's interest, the facts
upon which he bases his case and relief which he seeks and evidence, if any, along with
notice of opposition and shall deliver to the patentee a copy of the statement and the
evidence, if any.
58. Filing of reply statement and evidence.—(1) If the patentee desires to contest the
opposition, he shall leave at the appropriate office a reply statement setting out fully the
grounds upon which the opposition is contested and evidence, if any, in support of his case
within a period of two months from the date of receipt of the copy of the written statement
and Opponent's evidence, if any by him under rule 57 and deliver to the opponent a copy
thereof.
(2) If the patentee does not desire to contest or leave his reply and evidence within the
period as specified in sub-rule (1), the patent shall be deemed to have been revoked.
59. Filing of reply evidence by opponent.—The opponent may, within one month from the
date of delivery to him of a copy or the patentee's reply statement and evidence under rule
58, leave at the appropriate office evidence in reply strictly confined to matters in the
patentee's evidence and shall deliver to the patentee a copy of such evidence.
60. Further evidence to be left with the leave of the Controller.—No further evidence shall
be delivered by either party except with the leave or directions of the Controller:
Provided that such leave or direction is prayed before the Controller has fixed the
hearing
under rule 62.
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