Federal Court Rules 2011

An applicant who wants an order under section 105(1) of the Patents Act must give the Commissioner a notice of intention to apply for the order, accompanied by an advertisement stating the following:

the identity of the proceeding, or proposed proceeding, in which the application will be made;

the particulars of the amendment sought;

the applicant’s address for service;

that a person intending to oppose the application who is not a party to the proceeding or proposed proceeding must, within 28 days after publication of the advertisement, give written notice of that intention to:

the Commissioner; and

each party to the proceeding.

The Commissioner must publish the advertisement in the Official Journal.

A person who gives notice under paragraph (1)(d) is entitled to be heard in opposition to the application, subject to any order of the Court for costs.

A party who has given notice under subrule (1) may file the application within 50 days after publication of the advertisement.

The applicant must serve a copy of the application, together with a copy of the patent, patent request or complete specification, whichever is applicable, showing the amendment sought, on:

the Commissioner; and

each party to the proceeding; and

each person who has given notice under paragraph (1)(d).

A party may apply to the Court for any of the following orders:

that the applicant give particulars of the grounds relied on for the amendment to each party or other person who opposes the application;

that a party or other person opposing the application give particulars of the grounds relied on in opposition to the amendment to the applicant;

that the application be heard with the proceeding or separately and, if separately, fix the date for hearing the application;

the manner in which evidence will be adduced and, for evidence by affidavit, fix the times within which the affidavits must be filed and served.