Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 34.41

Applications under section 105 (1) of Patents Act

         (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.

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