Act 3
Industrial Property Act
2014
(a) state the ground on which the applicant intends to rely in
his or her application for revocation or invalidation of the
patent, and
(b) be accompanied by—
(i) a statement setting out particulars of the facts alleged
in support of the grounds; and
(ii) proof of service on the owner of the patent of notice of
filing of the application under sub-section (1) or (2).
(5) If the owner of the patent wishes to contest the application
for revocation of invalidation he or she shall, within the prescribed
time or such further time as the court may allow, lodge with the court
a counter statement setting out particulars of the grounds upon which
the application is to be contested.
(6) A copy of any counter-statement under subsection (5) lodged
with the court shall be served by the owner of the patent concerned
on the person making the application for revocation or invalidation of
the patent.
(7) The particulars required under this section may from time to
time, with the leave of the court, be amended.
(8) No evidence shall be admitted in proof of any ground on
which particulars have not been delivered under this section, except
by leave of the court.
(9) After receiving an application under subsection (1) and
ascertaining compliance with the provisions of this section which are
applicable, the court shall arrange for the matter to be heard in the
prescribed manner and may make such order as it deems fit.
(10) The court shall publish the application for revocation or
invalidation of the patent in the Gazette.
(11) An aggrieved party may appeal against the decision of the
court.
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