Patents Act, 1970
92. Procedure for dealing with applications under sections
84, 86 and 89
(1) Where the Controller is satisfied, upon consideration of an
application under section 84, section 86 or section 89 that a prima facie case
has been made out for the making of an order, he shall direct the applicant to
serve copies of the application upon the patentee and any other person
appearing from the register to be interested in the patent in respect of which
the application is made, and shall advertise the application in the Official
Gazette.
(2) The patentee or any other person desiring to oppose the
application may, within such time as may by prescribed or within such further
time as the Controller may on application (made either before or after the
expiration of the prescribed time) allow, give to the Controller notice of
opposition.
(3) Any such notice of opposition shall contain a statement
setting out the grounds on which the application is opposed.
(4) Where any such notice of opposition is duly given, the
Controller shall notify the applicant, and shall give to the applicant and the
opponent an opportunity to be heard before deciding the case.