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If the requirements of the FER are not completed within the stipulated time, the application is deemed to have been abandoned. In case of abandonment, the Controller does not pass any speaking order but merely informs the applicant that the application has been abandoned. In such a case, the applicant does not have any right of appeal, but the aggrieved applicant can either file a Review Petition under Rule 130 of the Patent Rules before the Controller of the Patent or file a Writ petition under Art.226 of the Constitution.

 

Under the Patents Act, there is no automatic right of hearing before the rejection of the Patent application. If an applicant is very keen to have an oral hearing, he must specifically request for hearing. If the Controller rejects the application, even after hearing, the applicant can file an appeal within 90 days to the Intellectual Property Appellate Tribunal (IPAT) within 90 days of the order of rejection. As on date, the jurisdiction to hear patent appeal has not yet been conferred on IPAT and hence, the High Courts within whose jurisdiction the Patent Office is located are empowered to entertain Miscellaneous Appeal.

 


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