Appearance of Controller in legal proceeding
(1) The Controller shall have the right to
appear and be heard—
(a) in any legal proceedings before the Appellate Board in which the relief sought
includes alteration or rectification of the register or in which any question relating
to the practice of the patent office is raised;
(b) in any appeal to the Appellate Board from an order of the Controller on an
application for grant of a patent—
(i) which is not opposed, and the application is either refused by the Controller or is
accepted by him subject to any amendments, modifications, conditions or
limitations, or
(ii) which has been opposed and the Controller considers that his appearance is
necessary in the public interest,
and the Controller shall appear in any case if so directed by the Appellate Board.
(2) Unless the Appellate Board otherwise directs, the Controller may, in lieu of appearing,
submit a statement in writing signed by him, giving such particulars as he thinks proper
of the proceedings before him relating to the matter in issue or of the grounds of any
decision given by him or of the practice of the patent office in like cases, or of other
matters relevant to the issues and within his knowledge as the Controller may deem it
necessary, and such statement shall be evidence in the proceeding.
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