(1) 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:
(a) the identity of the proceeding, or proposed proceeding, in which the application will be made;
(b) the particulars of the amendment sought;
(c) the applicant's address for service;
(d) 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:
(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.