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The Patents Rules 1995
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Procedure on application under section 71
74.—(1) An application to the comptroller under section 71 for a declaration that an act does not, or a proposed act would not, constitute an infringement of a patent shall be made on Patents Form 2/77 and shall be accompanied by a copy thereof and a statement in duplicate, setting out fully the facts upon which the applicant relies as showing that subparagraphs (a) and (b) of section 71(1) have been complied with and the relief which he seeks.
(2) The comptroller shall send a copy of the statement to the proprietor of the patent who shall, if he wishes to contest the application, within the period of two months beginning on the date when the copy is sent to him, file a counter-statement in duplicate setting out fully the ground on which he contests the applicant’s case; and the comptroller shall send a copy thereof to the applicant.
(3) Subject to such directions as the comptroller may think fit to give, the applicant may, within the period of two months beginning on the date when the copy of the counter-statement is sent to him, file evidence in support of his application and shall send a copy thereof to the proprietor of the patent.
(4) Within the period of two months beginning on the date when the copy of the applicant’s evidence is sent to him or, if the applicant does not file any evidence, within two months of the expiration of the time within which such evidence might have been filed, the proprietor of the patent may file evidence in support of his case and shall send a copy of that evidence to the applicant; and, within the period of two months beginning on the date when the copy of the proprietor’s evidence is sent to him, the applicant may file further evidence confined to matters strictly in reply and shall send a copy of it to the proprietor.
(5) No further evidence shall be filed by either party except by leave or direction of the comptroller.
(6) The comptroller may give such directions as he may think fit with regard to the subsequent procedure.
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