21. Procedure in case of anticipation by prior publication .- (1) If the Controller is satisfied after investigation under section 13 that the invention so far as claimed in any claim of the complete specification has been published in any specification or other document referred to in clause (a) of sub-section (1) or subsection (2) of the said section, the Controller shall communicate the gist of such objections to the applicant and the applicant shall be afforded an opportunity to amend his specification.
(2) If the applicant contests any of the objections communicated to him by the Controller under sub-rule (1) or if he refiles his specification along with his observations whether or not the specification is amended, he shall be given an opportunity to be heard in the matter if he so requires.
Provided that such request is made on a date earlier than ten days of the final Date of the period specified under sub-section (1) or sub-section (2) of section 21.
(3) If the applicant requires a hearing under sub-rule (2) within a period of one month from the date of communication of the gist of objections or if the Controller, considers it desirable to do so, whether or not the applicant has refiled his application, fix a date for hearing having regard to the time remaining for putting the application in order or other circumstances of the case.
(4) When a hearing is fixed under sub-rule (3), the applicant shall be given at least 10 days” notice of such fixation or such shorter notice as appears to the Controller to be reasonable in the circumstances of the case and the applicant shall, as soon as possible notify the Controller whether he will attend the hearing.
(5) After hearing the applicant, or without a hearing if the applicant has not attended or has notified that he does not desire to be heard, the Controller may specify or permit such amendment of the specification as he thinks fit to be made and may refuse to accept the specification unless the amendment so specified or permitted is made within such period as he may fix.
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