3. The Patents Rules are amended by inserting, immediately after rule 88, the following rule:“Hearing and notice of attendance at hearing |
88A.—(1) This rule shall apply only to inter partes proceedings under rule 10, 11, 12, 14, 15, 16, 17, 52, 54, 65, 66, 69, 71, 74, 76, 77, 78, 80 or 85, 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 Patents Form 40A with the Registrar before the date he intends to appear at that hearing. |
(5) Any party who does not file Patents Form 40A 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 Patents Form 40A 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) Upon making any decision or order under paragraph (5) or (6), the Registrar shall notify all parties of the decision or order and, if any party so desires, shall give his reasons for the decision or order. |
(8) If no party appears at the hearing, the proceedings may be struck out of the list except that those proceedings may thereafter, on the application of any party, be restored on the direction of the Registrar. |
(9) Any decision made by the Registrar pursuant to a hearing in which any party does not appear may, on the application of that party, be set aside by the Registrar on such terms as he thinks fit. |
(10) An application under paragraph (8) to restore any proceedings shall be made within 7 days after the proceedings have been struck out of the list. |
(11) An application under paragraph (9) to set aside any decision or order made by the Registrar under paragraph (5) or (6) shall be made within 7 days after the date of the notification from the Registrar of the decision or order.”. |
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