Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 34.41

  (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.