Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p92
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 92/154)
Character Range: 435933–438686

proceeding or proposed proceeding must, within 28 days after publication of the advertisement, give written notice of that intention to:
 (i) the Commissioner; and
 (ii) each party to the proceeding.
 (2) The Commissioner must publish the advertisement in the Official Journal.
 (3) 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.
 (4) A party who has given notice under subrule (1) may file the application within 50 days after publication of the advertisement.
 (5) 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:
 (a) the Commissioner; and
 (b) each party to the proceeding; and
 (c) each person who has given notice under paragraph (1)(d).
 (6) A party may apply to the Court for any of the following orders:
 (a) that the applicant give particulars of the grounds relied on for the amendment to each party or other person who opposes the application;
 (b) that a party or other person opposing the application give particulars of the grounds relied on in opposition to the amendment to the applicant;
 (c) that the application be heard with the proceeding or separately and, if separately, fix the date for hearing the application;
 (d) 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.

34.42  Applications under section 120(1) of Patents Act
 (1) An applicant who wants an order under section 120(1) of the Patents Act must serve the application and the accompanying document required by rule 8.05 at least 14 days before the return date fixed for the proceeding, on:
 (a) the respondent in the proceeding; and
 (b) if the applicant is an exclusive licensee, the patentee; and
 (c) the Commissioner.
 (2) If the application relates to an innovation patent, the accompanying document must state the date on which the innovation patent was certified.
 (3) The accompanying document must include particulars of the alleged infringements:
 (a) in a proceeding for infringement of a standard patent—specifying which of the claims of the complete specification of that patent are alleged to be infringed; and
 (b) giving at least one instance of each type of infringement alleged.
 (4) A respondent relying on a defence under section 144(4) of the Patents Act must give particulars of:
 (a) the date of, and the parties to, a contract on which the respondent intends to rely for the defence; and
 (b) the provision of the contract that the respondent asserts is void.

34.43  Applications under section 125(1) of