Notice of Opposition under Section 87(2) :

Rule 98 requires that a notice of opposition under section 87(2) should be given in Form 14 and be sent to the Controller within two months from the date of the publication of the application. The notice of opposition should however include the terms and conditions of the licence, if any, the opponent is prepared to grant to the applicant and be accompanied by evidence in support of the opposition. The opponent is required to serve a copy of notice of opposition and evidence on the applicant and notify the Controller when such service has been effected. No further statement or evidence is required to be delivered by either party except with the leave of or on requisition by the Controller.

Rule 98(5) requires the Controller to fix a date and time for hearing of the case and give the parties not less than ten days’ notice of such hearing. Rule 98(6) clarifies that the procedure specified in sub-rules (2) to (5) of rule 62, shall, so far as may be, apply to the procedure for hearing, as they apply to the hearing in opposition proceedings. Rule 99 requires the Controller to publish the order made by him under section 85(3) revoking a patent.