33. Action for infringement

An action for an infringement of a patent must be commenced by originating claim.

The claimant must serve, with the claimant’s statement of claim, particulars of the infringement relied on, and those particulars must —

show which of the claims in the specification of the patent are alleged to be infringed; and

give at least one instance of each type of infringement alleged.

Except with the permission of the Court, no evidence may be given of any alleged infringement of a patent if the infringement was not raised in the particulars of infringement.

If the defendant alleges, as a defence to the action, that at the time of the infringement there was in force a contract or licence relating to the patent —

made by or with the consent of the claimant; and

containing a condition or term void by virtue of section 51,the defendant must serve on the claimant —

particulars of the date of, and parties to, the contract or licence; and

particulars of the condition or term.

An action for an infringement of a patent must be commenced by originating claim.

The claimant must serve, with the claimant’s statement of claim, particulars of the infringement relied on, and those particulars must —

show which of the claims in the specification of the patent are alleged to be infringed; and

give at least one instance of each type of infringement alleged.

Except with the permission of the Court, no evidence may be given of any alleged infringement of a patent if the infringement was not raised in the particulars of infringement.

If the defendant alleges, as a defence to the action, that at the time of the infringement there was in force a contract or licence relating to the patent —

made by or with the consent of the claimant; and

containing a condition or term void by virtue of section 51,the defendant must serve on the claimant —

particulars of the date of, and parties to, the contract or licence; and

particulars of the condition or term.