Commonwealth Consolidated Regulations

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Applications to revoke patents

  (1)   An applicant to a prescribed court for an order to revoke a patent under subsection   138(1) of the Act must include, in the pleading or another document disputing the validity of the patent:

  (a)   particulars of the grounds on which the applicant relies; and

  (b)   for an innovation patent -- the date on which the patent was certified.

  (2)   If 1 of those grounds is that the invention is not a patentable invention because of information about the invention in a document or through the doing of an act, the particulars must specify:

  (a)   in the case of a document -- the time when, and the place where, the document is alleged to have become publicly available; and

  (b)   in the case of an act:

  (i)   the name of the person alleged to have done the act; and

  (ii)   the period in which, and the place where, the act is alleged to have been done publicly; and

  (iii)   a description that is sufficient to identify the act; and

  (iv)   if the act relates to apparatus or machinery -- whether the apparatus or machinery exists and, if so, where it can be inspected.

  (3)   Except by leave of the court:

  (a)   evidence is not admissible to prove a ground of invalidity that has not been disclosed in the particulars in relation to that ground; and

  (b)   evidence as to apparatus or machinery that exists at the date of lodgment of the particulars is not admissible unless it is proved that the party relying on the evidence:

  (i)   if the apparatus or machinery is in his or her possession -- has offered the opportunity to inspect it; or

  (ii)   in any other case -- has used reasonable endeavours to obtain its inspection;

    to, or by, each other party to the hearing of the application.

  (4)   The court may:

  (a)   extend the time for giving particulars; and

  (b)   allow the amendment of particulars.



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