Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.07

Service in a proceeding under the Patents Act 1990

  (1)   In a proceeding brought against a patentee (the respondent ) in relation to a cause of action under the Patents Act 1990 , a document to be served on the respondent may be served, if the respondent has an address for service under section   221 of the Patents Act 1990 , by sending it to the respondent at that address for service in accordance with section   221 of the Patents Act 1990 .

  (2)   In an appeal brought against either:

  (a)   an applicant for the grant of a standard patent under section   60(4) of the Patents Act 1990 (the applicant ); or

  (b)   a patentee for the grant of an innovation patent under section   101N(7) of the Patents Act 1990 (the patentee );

a document to be served on the applicant or patentee (as the case may be) may be served, if the applicant or patentee has an address for service under section   221 of the Patents Act 1990 , by sending it to the applicant or patentee at that address for service in accordance with section   221 of the Patents Act 1990 .

  (3)   In an appeal brought against either:

  (a)   an opponent to the grant of a standard patent under section   60(4) of the Patents Act 1990 (the opponent ); or

  (b)   an opponent to an innovation patent under section   101N(7) of the Patents Act 1990 (the opponent );

a document to be served on the opponent may be served, if the opponent provided the applicant with an address for service within Australia at the time that it filed its notice of opposition to the grant of the standard patent or to the innovation patent, by sending it to the opponent at that address for service.



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