1988 Ed.] The Rules of the Supreme Court-Order 103
[CAP. 4
A 365
(4) A defendant to such an action who applies by counter-claim in the action for a declaration under section 8(1) of the Ordinance must, with his counterclaim, serve particulars of the grounds on which he relies in support of his counterclaim.
Particulars of infringements (O. 103, r. 20)
20. Particulars of infringements of a patent must specify which of the claims in the specification of the patent are alleged to be infringed and must give at least one instance of each type of infringement alleged.
Particulars of objections (O. 103, r. 21)
21. (1) Particulars of objections to the validity of a patent must state every ground on which the validity of the patent is disputed and must include such particulars as will clearly define every issue which it is intended to raise.
(2) If the grounds stated in the particulars of objections include want of novelty or want of any inventive step, the particulars must state the manner, time and place of every prior publication or user relied upon and, if prior user is alleged, must-
(a) specify the name of every person alleged to have made such user,
(b) state whether such 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 such user is alleged to have taken place,
(c) contain a description, accompanied by drawings, if necessary, sufficient to identify such user, and
(d) if such user relates to machinery or apparatus, state whether the machinery or apparatus is in existence and where it can be inspected.
(3) If in the case of an existing patent-
(a) one of the grounds stated in the particulars of objection is that the invention, so far as claimed in any claim of the complete specification, is not useful, and
(b) it is intended, in connection with that ground, to rely on the fact that an example of the invention which is the subject of any such claim cannot be made to work, either at all or as described in the specification,
the particulars must state the fact and identify each such claim and must include particulars of each such example, specifying the respects in which it is alleged that it does not work or does not work as described.
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Page 366
¡
1988 Ed.] The Rules of the Supreme Court-Order 103
[CAP. 4
A 365
(4) A defendant to such an action who applies by counter- claim in the action for a declaration under section 8(1) of the Ordinance must, with his counterclaim, serve particulars of the grounds on which he relies in support of his counterclaim.
Particulars of infringements (O. 103, r. 20)
20. Particulars of infringements of a patent must specify which of the claims in the specification of the patent are alleged to be infringed and must give at least one instance of each type of infringement alleged.
Particulars of objections (0, 103, r. 21)
21. (1) Particulars of objections to the validity of a patent must state every ground on which the validity of the patent is disputed and must include such particulars as will clearly define every issue which it is intended to raise.
(2) If the grounds stated in the particulars of objections include want of novelty or want of any inventive step, the particulars must state the manner, time and place of every prior publication or user relied upon and, if prior user is alleged, must-
(a) specify the name of every person alleged to have made such
user,
(b) state whether such user is alleged to have continued until the priority date of the claim in question or of the inven- tion, as may be appropriate, and, if not, the earliest and latest date on which such user is alleged to have taken place,
(c) contain a description, accompanied by drawings, if neces-
sary, sufficient to identify such user, and
(d) if such user relates to machinery or apparatus, state whether the machinery or apparatus is in existence and where it can be inspected.
(3) If in the case of an existing patent-
(a) one of the grounds stated in the particulars of objection is that the invention, so far as claimed in any claim of the complete specification, is not useful, and
(b) it is intended, in connection with that ground, to rely on the fact that an example of the invention which is the subject of any such claim cannot be made to work, either at all or as described in the specification,
the particulars must state the fact and identify each such claim and must include particulars of each such example, specifying the respects in which it is alleged that it does not work or does not work as described.
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