- If the Controller is convinced that any claim in a Complete specification has been published in any other documents or specifications before filing of the patent application for the invention, the Controller shall communicate the same with objections to the applicant and allow the applicant a chance to amend the specification,
- If the applicant contests (opposes) the objections communicated to him by the Controller and refiles his specification along with the observations if the specification needs to be amended or not; he shall be given an opportunity to be heard.
- Such a request shall be made 10 days prior to the final date of the period.
- The request for hearing shall be allowed to be filed within a shorter period (one month) as the Controller thinks fit.
- Even though the applicant has not refiled his specification with amendments; if he makes a request for hearing within one month of such communication of observations, the Controller shall fix a date and time for hearing as early as possible considering the time remaining.
- Hearing notice shall be given 10 days in advance and the applicant shall confirm to the Controller regarding his attending for the same.
- After hearing or without being heard or if the applicant has not attended the hearing or has informed the Controller that he does not want to be heard, the Controller shall refuse to grant the patent and allow a time period for the applicant to refile the amended specification.
- Hearing may also be held through video conferencing or audio-visual communication devices, but should be held in the appropriate office only.
- In all cases of hearing, any written submissions and relevant documents shall be submitted within 15 days from the date of hearing.