Federal Court Rules 2011

If a ground relied on in a notice of appeal from a decision of the Commissioner under the Patents Act is that the invention is not a patentable invention because information about the invention has become publicly available in a document, or through the doing of an act or thing, the ground must include the following particulars:

for a document—the time when, and the place where, the document is claimed to have become publicly available;

for an act or thing:

the name of the person alleged to have done the act or thing; and

the period within which, and the place where, the act or thing is alleged to have been done publicly; and

particulars that are sufficient to identify the act or thing; and

if the act or thing relates to apparatus or machinery—particulars of whether the apparatus or machinery exists and, if so, where it can be inspected.

If the claim of the complete specification of a patent is that the invention concerned is not useful, the ground must include particulars:

of any example relied on that the invention cannot be made to work; and

specifying how it is alleged that it does not work as described;

at all; or

as described in the specification.