Patents Regulations 2014

49 Request for determination of dispute under section 28 of Act

(1)

A request by a party under section 28(2) of the Act (the applicant) to determine a dispute as to rights in an invention, or a patent granted, or to be granted, in respect of an invention,—

(a)

must include the name and address of the other party to the dispute (the other party); and

(b)

must be signed by the applicant; and

(c)

must be accompanied by a statement of case setting out the facts of the dispute on which the applicant relies and the relief sought.

(2)

The Commissioner must give a copy of the request and the statement of case to the other party.

(3)

The other party must file a counter-statement, within 2 months after receiving the copy of the request and the statement of case, setting out the grounds on which the other party disputes the right of the applicant to the relief sought.

(4)

The applicant may, within 2 months after receiving the copy of the counter-statement, file evidence in support of his or her case.

(5)

The other party may file evidence in support of his or her case within 2 months after receiving the copy of the applicant’s evidence or, if the applicant does not file any evidence, within 2 months after the expiration of the time within which the applicant’s evidence might have been filed.

(6)

The applicant may, within 1 month after receiving the copy of the other party’s evidence, file evidence confined to matters strictly in reply.

(7)

Subclauses (8) and (9) apply if the other party fails to file a counter-statement within the period prescribed by subclause (3).

(8)

The applicant may file evidence in support of his her case within 2 months after the time by which the other party is required to file the counter-statement.

(9)

The Commissioner may determine the request after considering the request and any evidence filed in support of the request.

Compare: SR 1954/211 r 124