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The Patents Rules 1990

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Procedure where validity of patent in dispute

73.—(1) Where the only matter stated in the reference made under section 61(3) to be in dispute is the validity of any patent or part of a patent, the procedure set out in this rule shall apply.

(2) The defendant shall, within fourteen days of making the reference, file a statement in duplicate giving full particulars of the grounds on which he alleges that the patent or part of the patent is invalid.

(3) The comptroller shall send a copy of the defendant’s statement to the plaintiff, who shall, within the period of two months beginning on the date when the copy is sent to him, file a counter-statement in duplicate giving full particulars of the grounds on which he contests the defendant’s allegations, and the comptroller shall send a copy of it to the defendant.

(4) Subject to such directions as the comptroller may think fit to give, the defendant may, within the period of two months beginning on the date when the copy of the plaintiff’s counter-statement is sent to him, file evidence in support of his case, and shall send a copy of it to the plaintiff.

(5) Within the period of two months beginning on the date when the copy of the defendant’s evidence is sent to him or, if the defendant does not file any evidence within two months of the expiration of the time within which such evidence might have been filed, the plaintiff may file evidence in support of his case and shall send a copy of it to the defendant; and, within the period of two months beginning on the date when the copy of the plaintiff’s evidence is sent to him, the defendant may file further evidence confined to matters strictly in reply and shall send a copy of it to the plaintiff.

(6) No further evidence shall be filed by either party except by leave or direction of the comptroller.

(7) The comptroller may give such directions as he may think fit with regard to the subsequent procedure.

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