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Procedure as to cancellation of entry in register as to licence of right

Patents Rules

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—(1) Every application under section 54(1) or (3) shall be advertised in the journal and the period within which notice of opposition to the cancellation of an entry may be given under section 54(7) shall be 2 months from the date of the advertisement.(2) Such notice of opposition shall be given on Patents Form 58 and shall be supported by a statement setting out fully the facts upon which the opponent relies.(3) The opponent shall, at the time the notice of opposition and the supporting statement are filed, serve on the applicant for cancellation of the entry a copy of the notice and a copy of the statement.(3A) If the applicant for cancellation of the entry desires to proceed with the application, he shall —(a)within 2 months after the date on which he is served the copies of the notice and the statement, file a counter-statement on Form HC6 setting out fully the grounds on which the opposition is contested; and(b)at the time the counter-statement is filed, serve on the opponent a copy of the counter-statement.(4) The Registrar may give such directions as he may think fit with regard to any aspect of the procedure for the opposition to the cancellation of the entry.

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