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(1) Where the Controller
is satisfied, upon consideration of an application under section 84, or section 85, that a prima facie case
has been made out for the making of an order, he shall direct the applicant to serve copies of the
application upon the patentee and any other person appearing from the register to be interested in the
patent in respect of which the application is made, and 1[shall publish the application in the official
journal].
(2) The patentee or any other person desiring to oppose the application may within such time as may
be prescribed or within such further time as the Controller may on application (made either before or after
the expiration of the prescribed time) allow, give to the Controller notice of opposition.
(3) Any such notice of opposition shall contain a statement setting out the grounds on which the
application is opposed.
(4) Where any such notice of opposition is duly given, the Controller shall notify the applicant, and
shall give to the applicant and the opponent an opportunity to be heard before deciding the case.
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1. Subs. by Act 15 of 2005, s. 53, for "shall advertise the application in the Official Gazette" (w.e.f. 1-1-2005).
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