Powers

If someone has to file opposition proceedings then the aggrieved person can file an opposition

in writing by way of opposition and the same is decided by the Controller after a hearing.

The aggrieved person can file a representation in the appropriate of

from the date of publication of the application or before the grant of patent whichever is later

and should include a statement and evidence, if any, in support of the representation and a

request for a hearing if so desired. The C

request for examination of the application has been filed. The Controller along with the

evidence submitted and the arguments at the hearing will consider the representation. The

Controller may reject the representation and grant the patent or accept the representation and

refuse the grant of patent within one month from the completion of the proceedings. If the

Controller thinks that the application for patent should be refused, he will give notice to

effect to the applicant for patent. On receiving the notice, the applicant should, if he so desires,

file his statement and evidence, if any in support of the application within one month from the

date of notice. On consideration of the statement and

refuse to grant a patent or require the specification to be amended before the patent if

granted. After considering the representation and submission made during the hearing, if so

requested, the Controller will proceed

granting the patent or accepting the representation and refusing the grant of the patent on that

application ordinarily within one month from the completion of above proceedings. An appeal

will lie against the order of the Controller to the Appellate Board.

In opposition proceedings the Controller has the power of a Civil Court in the matter of

summoning witnesses, requiring discovery and production of any document, receiving evidence

on affidavits, issuing commission for the examination of witnesses and documents, awarding

costs, reviewing his own decision, and setting aside an ex

An appeal against an order, decision or direction of the Controller in respect of an opposition

lies to Appellate Board. This would apply to any interlocutory order as well. A cross appeal is

necessary where a respondent desires to contest that the actual decision of the hearing officer

should be varied.

There are certain general powers of the Controller in

1. Public Interest-

though the opponent may fail, and costs may be given against him. He has discretion to

require at any stage, when the case comes before him, any amendment which he

considers necessary

and definite, and the claims clear and succinct. He will not allow a specification, which is

wider in scope than that to which the patentee is, on the evidence, entitled. The

Controller has the general power of preventing a fraud being committed upon the

public.

2. The Controller can go beyond the information provided by the opponent and avail

himself for the public benefit of the information of the Patent Office. He may in the

public interest consider any alleged prior publication, which may be brought to his

notice after the hearing and before the issue of the decision.

3. The Controller has power not to allow a patent to go forth to the public for an invention,

which upon the statements b

been substantially included in previous patents, even though the parties by an

arrangement have agreed to get rid of the opposition.

Powers of Patent Controller



The aggrieved person can file a representation in the appropriate of



request for a hearing if so desired. The Controller will consider such representation only when a



the representation and grant the patent or accept the representation and


Controller thinks that the application for patent should be refused, he will give notice to



date of notice. On consideration of the statement and evidence, the Controller may either



requested, the Controller will proceed further simultaneously rejecting the representation and



gainst the order of the Controller to the Appellate Board.



issuing commission for the examination of witnesses and documents, awarding

costs, reviewing his own decision, and setting aside an ex-parte order.


ellate Board. This would apply to any interlocutory order as well. A cross appeal is


There are certain general powers of the Controller in opposition proceedings

- The Controller has jurisdiction to act in the interests of the public even



considers necessary to prevent ambiguity, and make the description of the invention fair



as the general power of preventing a fraud being committed upon the

The Controller can go beyond the information provided by the opponent and avail


rest consider any alleged prior publication, which may be brought to his


The Controller has power not to allow a patent to go forth to the public for an invention,

which upon the statements before him and the specifications brought to his notice, has



Powers of Patent Controller



The aggrieved person can file a representation in the appropriate office within three months



ontroller will consider such representation only when a





Controller thinks that the application for patent should be refused, he will give notice to that



evidence, the Controller may either



further simultaneously rejecting the representation and



gainst the order of the Controller to the Appellate Board.




parte order.




opposition proceedings-

Controller has jurisdiction to act in the interests of the public even



to prevent ambiguity, and make the description of the invention fair









efore him and the specifications brought to his notice, has



Advocates & Legal ConsultantsAdvocates & Legal ConsultantsAdvocates & Legal ConsultantsAdvocates & Legal Consultants


fice within three months



ontroller will consider such representation only when a





that



evidence, the Controller may either



further simultaneously rejecting the representation and









Controller has jurisdiction to act in the interests of the public even



to prevent ambiguity, and make the description of the invention fair








efore him and the specifications brought to his notice, has


Advocates & Legal ConsultantsAdvocates & Legal ConsultantsAdvocates & Legal ConsultantsAdvocates & Legal Consultants

4. The Controller has power to refuse the grant of a patent upon an application which is

clearly in contravention of the provisions of the Act, whether any particular objection

was raised by the opponent or not.

5. After the expiration of the period prescribed for filing notice of opposition, the

Controller has power to give leave to an opponent to include specifications in his notice

of opposition not originally included therein. The Controller may allow new grounds of

objections to be added even at the appellate stage, so that meritorious inventions are

protected by patents and in the public interest.

6. The Controller may refuse grant where there is a clear admission by the applicant that

the invention disclosed and claimed in his specification had been used on a large scale in

the ordinary course of business without any obligation of secrecy, before the date of

application.

7. The Controller has the implied power to allow amendment of the specification in

opposition proceedings. The Controller may allow amendments which give the inventor

the benefit of any part of his invention which is novel, but amendments to protect as an

invention something not suggested as the subject-matter of the original claim will not

be allowed, except on the footing that the date of the acceptance of the amendments

should be substituted for the date of the original application.

Documents

Powers