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Section 97: When a prima facie case is not made out

The Patents Rules, 2003Central Rules · 1970

(1) If, upon consideration of the evidence, the Controller is satisfied that a prima facie case has not been made out for the making of an order under any of the sections referred to in rule 96, he shall notify the applicant accordingly, and unless the applicant requests to be heard in the matter, within one month from the date of such notification, the Controller shall refuse the application.

(2) If the applicant requests for a hearing within the time allowed under sub-rule (1), the Controller shall, after giving the applicant an opportunity of being heard, determine whether the application may be proceeded with or whether it shall be refused.

Where this provision sits

ActThe Patents Rules, 2003
Section97
Marginal noteWhen a prima facie case is not made out
JurisdictionCentral
StatusIn force as published by the source

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