(3)
A petitioner shall serve along with his petition or other pleadings, particulars of the objections to
the validity of the patent or design on which he relies.
(4)
The particulars given pursuant to sub-rule (3) of this rule shall state every ground on which the
validity of the patent or design is questioned and shall include such particulars as shall clearly define
every issue which it is intended to raise.
(5)
If the grounds stated in the particulars of objections include want of novelty or want of any
inventive step, the particulars shall state the manner, time, place of every prior publication or
user relied upon and, if prior user is alleged, shall
(a)
(b)
Specify the name of every person alleged to have made the user;
state whether the user is alleged to have continued until the priority date of the claim in question or of
the invention as may be appropriate, and, if not, the earliest and latest date on which the user is
alleged to have taken place;
Contain a description accompanied by drawings, necessary, sufficient to identify the user;
and
If the user relates to machinery or apparatus, state whether the machinery or apparatus is in existence
and where it may be inspected.
(c)
(d)
(6)
(a)
Where in the case of an existing patent or design
one of the grounds stated in the particulars of objections is that the invention, so far as claimed in
any claim of the complete specifications, is not useful; and it is intended, in connection with the
grounds stated in sub-rule 1 of this rule to rely on the fact that an example of the invention which is
the subject of any claim cannot be made to work, either at all or as described in the specification,
the particulars shall state that fact and identify each such claim and shall also include particulars of
each such example, specifying the respect in which it is alleged that it cannot work or be made to
work as described.
Restriction on evidence.
9.
(1) Except with the leave of the judge hearing any action or other proceedings relating to a patent
or a design, no evidence shall be admissible in proof of any alleged infringement, or of any
objection to validity of the patent or design, it the infringement or objection was not raised in the
particulars of infringements or objections, as the case may be.
(2)
In any action or other proceedings relating to a patent or a design, evidence which is not in
accordance with a statement contained in the particulars of objection to the validity of the patent or
design shall not be admissible in support of an objection unless the judge hearing the
proceedings allows the evidence to be admitted.
(3)
I f any machinery or apparatus alleged to have been used before the priority date mentioned in rule 8
(5) (b) of this order is in existence at the date of service of the particulars of objections, no evidence
of its user before that date shall be admissible unless it is proved that the party relying on the user
offered, where the machinery or apparatus is in his possession, inspection of it to the other
parties to the proceedings or where it is not, used all reasonable endeavours to obtain inspection
of it for those parties.
Procedure for action on infringement of patent or design.