2007 Rule 80

80. Evidence rounds and the hearing

Rule 79 | Index | Rule 81

(1) When the defendant files a counter-statement, the comptroller must as soon as practicable-

  • (a) send the counter-statement to the claimant;
  • (aa)1 specify the period within which the claimant must file Patents Form 4; and
  • (b) specify the periods within which evidence may be filed by the claimant and the defendant.

(1A)2 If the claimant wishes to continue the proceedings following receipt of the counter-statement, the claimant must file Patents Form 4.

(2) The comptroller may, at any time he thinks fit, give leave to either party to file evidence upon such terms as he thinks fit.

(3) Under this rule, evidence shall only be considered to be filed when-

  • (a) it has been received by the comptroller; and
  • (b) it has been sent to all the other parties to the proceedings.

(4) The comptroller must then give the parties an opportunity to be heard.

(5) If any party requests to be heard, the comptroller must send to the parties notice of a date for the hearing.

(6) When the comptroller has decided the matter he must notify all the parties of his decision, including his reasons for making the decision.

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