Law: Patent Rules, 2003

Section: 17

(a) Words and phrases--- ----"Advertised"---Meaning. Black's Law Dictionary rel. (b) Words and phrases--- ----"Gazette"---Connotation---Gazette is generally understood to be an official government publication containing public notices, notifications and other prescribed matters. The Chambers Dictionary rel. (c) Official Gazette Act (XXXI of 1863) [since repealed]--- ----S. 1---Gazette---Types and categories---Gazettes are of two types namely "extraordinary" and "weekly"---"Extraordinary gazettes" are of three types, wherein in Part-I Act, Ordinances, President's Orders and Regulations are printed; in Part-II Statutory Notifications and SROs are printed; and in Part-III other Notifications and Orders etc. are printed--- Weekly gazettes are of six types ranging from Part-I up to Part-VI. (d) Notification--- ----Connotation--- Notification is an act of notifying or giving notice as given in words or anything which communicated information. Concise Oxford Dictionary rel. (e) Words and phrases--- ----"Publish"---Meaning. Concise Oxford Dictionary rel. (f) Notification--- ----Gazette---Date of publication---Proof---Gazetted notification bearing a particular date is presumed to be published on the date indicated thereon unless proved otherwise---If by leading evidence it can be shown by any interested party that gazette was actually published (or made available to public) on a date subsequent to the date indicated on the gazette, then that subsequent date is taken as date of actual publication (i.e. the act of making it public)---Such date is rendered as relevant date from which gazette comes into force. A. M. Sheikh v. National Refinery Limited 1990 CLC 479; Union of India v. Ganesh Das Bhoraj 2000 (116) ELT 431 and Metro Exporters (P) Ltd. v. Collector of Customs 1997 (94) ELT 427 Tri Del rel. (g) Patents Ordinance (LXI of 2000)--- ----Ss. 23 & 69(3)---Patent Rules, 2003, R. 17---Opposition---Limitation---Gazette notification, non-availability of---Opposition filed by appellant against patent in question was dismissed by Controller of Patents as the same was barred by limitation---Plea raised by appellant was that as gazette in question was not made available at…

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