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Hearing and notice of attendance at hearing

Patents Rules

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—(1) This rule shall apply only to proceedings with notice under rule 10, 11, 12, 14, 15, 16, 17, 52, 65, 66, 69, 71, 74, 80, 85 or 91, or paragraph 3 of the Fourth Schedule, where the parties have filed evidence pursuant to any of those rules or to a direction by the Registrar.(2) Upon completion of the filing of evidence by the parties, the Registrar shall give notice to the parties of the date or dates on which he will hear arguments on the case.(3) The parties shall file with the Registrar their written submissions and bundles of authorities at least one month before the first date of hearing notified under paragraph (2), and shall at the same time as filing, exchange with one another their respective written submissions and bundles of authorities.(4) Any party who intends to appear at the hearing shall file Form HC1 with the Registrar before the date he intends to appear at that hearing.(5) Any party who does not file Form HC1 with the Registrar before the date he intends to appear at the hearing may be treated as not desiring to be heard, and the Registrar may proceed with the hearing in the absence of that party or may, without proceeding with the hearing, give his decision or dismiss the proceedings, or make such other order as he thinks fit.(6) If, after filing Form HC1 with the Registrar, a party does not appear at the hearing, the Registrar may proceed with the hearing in the absence of that party, or may, without proceeding with the hearing, give his decision or dismiss the proceedings, or make such other order as he thinks fit.(7) If neither party appears at the hearing, the Registrar may dismiss the proceedings.(8) Upon making any decision or order under paragraph (5) or (6) or dismissing any proceedings under paragraph (5), (6) or (7), the Registrar shall notify every party of the decision, order or dismissal, as the case may be, in writing.(9) Any decision or order made by the Registrar under paragraph (5) or (6) in the absence of any party may, on the application of that party, be set aside by the Registrar on such terms as the Registrar thinks fit.(10) Any proceedings dismissed under paragraph (5), (6) or (7) may, on the application of any party, be restored on the direction of the Registrar.(11) An application under paragraph (9) or (10) shall be made within 14 days after the date of the Registrar’s notification under paragraph (8).

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