Rule 55 of The Patent (Amendment) Rules, 2016

Rule 55:

Earlier

  • Representation for opposition shall be filed at appropriate office and shall include a statement and evidence, if any in support of the representation and a request for hearing if so desired.
  • The Controller shall consider such representation only when a request for examination of the application has been filed.
  • On consideration of representation if the Controller is of the opinion that application shall be refused he shall give a notice to that effect along with a copy of such representation to the applicant.
  • On receiving notice the applicant shall file his statement and evidence, if any in support of his application within three months from the date of notice
  • On consideration of the statement and evidence filed by the applicant, the Controller may refuse to grant patent or require complete specification to be amended to his satisfaction before granting of patent.
  • 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.

Present

  • Representation for opposition shall be filed in Form 7A at the appropriate office with the copy to the applicant.
  • No change
  • On consideration of representation if the Controller is of the opinion that application shall be refused he shall give a notice to that effect to the applicant.
  • On receiving notice the applicant can file his statement and evidence within three months from the date of notice with a copy to the opponent
  • After considering the application by applicant, representation by opponent, submission by parties and hearing, the Controller may either reject the representation or require amendments to his satisfaction before the patent is granted or refuse to grant patent by passing speaking order to simultaneously decide on it within one month from the date of completion of above proceedings.
  • Omitted

General Understanding

The amendment under (1) requires that now representation for opposition shall be filed in Form7A at appropriate office with copy to the applicant.

The amendment under (3) states that on consideration of representation if the Controller feels that application shall be refused he shall give a notice to the applicant. The provision for giving a copy of such representation under the previous rule is done away with.

The amendment under (4) requires that, the applicant on receipt of notice from Controller  can file his statement and evidence within three months along with a copy of such statement or evidence to the opponent.

The amendment under (5) states that after considering the application, representation and submission by parties, the Controller may reject representation or direct amendments to his satisfaction before patent is granted or refuse to grant patent by passing speaking order.

 By Sanjana Shashikanth

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