Supreme Court of Judicature (Intellectual Property) Rules 2022 · As enacted · Part 4 · Patents Act 1994
50. Establishing facts by experiments
Feedback & supportThis rule applies where a party (X) desires to establish any fact by experimental proof.
X must, within 21 days after service of the list of documents under Order 11, Rule 2 of the Rules of Court, serve on every other party a notice —
stating the facts that X desires to establish by experimental proof; and
giving full particulars of the experiments proposed to establish those facts.
A party (Y) upon whom a notice under paragraph (2) is served must, within 21 days after service of the notice, serve upon X a notice stating in respect of each fact whether or not Y admits it.
Where any fact that X desires to establish by experimental proof is not admitted, X may seek directions at a case conference about the experiments.
Subregulation 1
This rule applies where a party (X) desires to establish any fact by experimental proof.
Subregulation 2
X must, within 21 days after service of the list of documents under Order 11, Rule 2 of the Rules of Court, serve on every other party a notice —
stating the facts that X desires to establish by experimental proof; and
giving full particulars of the experiments proposed to establish those facts.
Subregulation 3
A party (Y) upon whom a notice under paragraph (2) is served must, within 21 days after service of the notice, serve upon X a notice stating in respect of each fact whether or not Y admits it.
Subregulation 4
Where any fact that X desires to establish by experimental proof is not admitted, X may seek directions at a case conference about the experiments.