Section 87 – THE PATENTS ACT, 1970

Procedure for dealing with applications under sections 84 and 85

— (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,

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