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Section 87: Procedure for dealing with applications under sections 84 and 85.

The Patents Act, 1970Central Act · Act 39 of 1970

(1) Where the Controller is satisfied, upon consideration of an application under section 84, or section 85, 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 publish the application in the official journal].

(2) The patentee or any other person desiring to oppose the application may within such time as may be 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.

Where this provision sits

ActThe Patents Act, 1970
Section87
Marginal noteProcedure for dealing with applications under sections 84 and 85.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 15 of 2005. . Subs. by Act 15 of 2005, s. 53, for "shall advertise the application in the Official Gazette" (w.e.f. 1-1-2005).

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