Patents Act, 1978 (Act No. 57 of 1978)RegulationsPatent Regulations, 1978Chapter III : The Court of the Commissioner of PatentsProcedure on opposition |
| 82. | A notice of opposition in any matter in which opposition is allowed under the Act shall be made on Form P19 and shall be accompanied by a statement of particulars of the grounds on which the opposition is based and shall be duly filed and served. |
| 83. | Within two months of the filing and service of the notice of opposition the applicant shall file and serve a counterstatement in the form of a plea. If such counterstatement is not lodged within the said period or within such further period as the registrar may allow the application shall be deemed to be abandoned and the opponent may apply to the commissioner for an order as to costs. |
| 84. | Within two months of the lodging and service of the counterstatement the opponent shall file and serve his evidence in the form of an affidavit. |
| 85. | Within two months of the filing and service of the opponent's evidence the applicant may file and serve answering evidence in the form of an affidavit. |
| 86. | Within two months of the filing and service of the applicant's answering evidence the opponent may file and serve replying evidence, in the form of an affidavit, confined to matters strictly in reply. |
87.
| (a) | No further evidence shall be filed by either party except by leave or direction of the commissioner. |
| (b) | All evidence shall be by affidavit unless otherwise directed by the commissioner. |
| 88. | Upon completion of the evidence the opponent or if he fails to do so within six weeks of such completion, the applicant may request a date for the hearing. |