UNIFORM CIVIL PROCEDURE RULES 2005 - REG 48.11 Infringement proceedings: section 120(1)

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 48.11

48.11 Infringement proceedings: section 120(1)

(cf SCR Part 81, rule 18)

(1) The originating process in proceedings under section 120(1) of the Patents Act 1990 of the Commonwealth must be served--

(a) on the defendant in the proceedings, and

(b) if the plaintiff is an exclusive licensee, on the patentee, and

(c) on the Commissioner.

(2) If the application relates to an innovation patent, the originating process or its supporting affidavit must state the date when the innovation patent was granted under the Patents Act 1990 of the Commonwealth.

(3) Particulars of infringements complained of--

(a) must give at least one instance of each type of infringement alleged, and

(b) in proceedings for infringement of a standard patent, must specify which of the claims of the complete specification of that patent are alleged to be infringed.

(4) A defendant relying on a defence under section 144(4) of the Patents Act 1990 of the Commonwealth must give particulars of--

(a) the date of, and the parties to, a contract on which the defendant intends to rely for the defence, and

(b) the provision of the contract that the defendant asserts is void.