Supreme Court of Judicature (Intellectual Property) Rules 2022 · As enacted · Part 4 · Patents Act 1994
36. Particulars of objections to validity of patent in originating application
Feedback & supportOn the hearing of an originating application in which there are or may be objections to the validity of a patent, the Court must give directions relating to —
the service of the relevant particulars of any objections to the validity of the patent; and
the manner in which the evidence must be given.
In paragraph (1), “relevant particulars” —
means the particulars mentioned in rule 35(3), (4) and (5) (as applicable); and
includes, where the validity of a patent is put in issue on the ground of obviousness and a party wishes to rely on the commercial success of the patent, the grounds upon which that party so relies.
Subregulation 1
On the hearing of an originating application in which there are or may be objections to the validity of a patent, the Court must give directions relating to —
the service of the relevant particulars of any objections to the validity of the patent; and
the manner in which the evidence must be given.
Subregulation 2
In paragraph (1), “relevant particulars” —
means the particulars mentioned in rule 35(3), (4) and (5) (as applicable); and
includes, where the validity of a patent is put in issue on the ground of obviousness and a party wishes to rely on the commercial success of the patent, the grounds upon which that party so relies.