Opposition Proceedings :

Rule 55 dealing with opposition by representation against the grant of patent requires the representation for opposition under section 25(1) to be filed at the appropriate office within a period not exceeding three months from the date of publication of the application under section 11A of the Act, or before the grant of patent, whichever is later and include a statement and evidence, if any, in support of the representation and a request for hearing if so desired. The Controller has been empowered to consider such representation only when a request for examination of the application has been filed.

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. On receiving the notice the applicant shall, if he so desires, file his statement and evidence, if any in support of his application within one month from the date of the notice.

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. 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.

Rule 55A dealing with filing of notice of opposition provides that the notice of opposition to be given under section 25(3) shall be made in Form 7 and sent to the Controller in duplicate at the appropriate office.

Under Rule 57 the opponent is required to 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 to deliver to the patentee a copy of the statement and the evidence, if any.