Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p93
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 93/154)
Character Range: 438456–441121

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 Patents Act
  An applicant who wants an order under section 125(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 nominated person, or the patentee, whichever is applicable; and
 (b) the Commissioner.

34.44  Applications under section 128(1) of Patents Act
  An applicant who wants an order under section 128(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 person making the threat; and
 (b) the Commissioner.

34.45  Applications under Chapter 12 of Patents Act
 (1) An applicant who wants an order under section 133(1), 134(1) or 138(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 patentee; and
 (b) each person who claims an interest in the patent as exclusive licensee or otherwise; and
 (c) the Commissioner.
 (2) An application and an accompanying document mentioned in this rule must comply with Chapter 12 of the Patents Regulations 1991.
 (3) If an application under section 133(1) or 138(1) of the Patents Act relates to an innovation patent, the accompanying document required by rule 8.05 must state the date on which the innovation patent was certified.
 (4) A party may apply for leave under section 137(4) of the Patents Act in the proceeding.

34.46  Dispute of validity of patent—particulars of invalidity
 (1) A party who disputes the validity of a patent under the Patents Act must include in the pleading or other document in which the party disputes the validity, particulars of the grounds of invalidity on which the party relies.
 (2) If a ground mentioned in subrule (1) is that the invention is not a patentable invention because of information about the invention in a document or through the doing of an act or thing, the particulars must specify:
 (a) for a document—the time when, and the place where, the document is alleged to have become publicly available; and
 (b) for an act or thing:
 (i) the name of the person alleged to have done the act; and
 (ii) the period within which, and the place where, the act is alleged to have been done publicly; and
 (iii) a description that is sufficient to identify