Victorian Numbered Regulations Victorian Numbered Regulations(1) A party who disputes the validity of a patent shall, by the pleading in which the party disputes such validity, set out—
(a) the grounds of invalidity on which that party relies; and
(b) the material facts relied on in support of each ground.
(2) If a ground relied on is based on information contained in a document or arises through the doing of an act, the pleading shall specify face="Symbol">¾
(a) in the case of a document ¾
(i) the time when, and the place where, the document is alleged to have become publicly available; and
(ii) whether the whole or some part of it and, if so, which part of the document is relied on;
(b) in the case of an act ¾
(i) the name of the person alleged to have done the act;
(ii) the period in which, and the place where, the act is alleged to have been done;
(iii) a description that is sufficient to identify the act; and
(iv) if the act relates to an article, apparatus or machinery, whether the article, apparatus or machinery exists and, if so, where it can be inspected.
(3) If ¾
(a) one of the grounds of invalidity relied on is that the invention so far as claimed in any claim of the complete specification of the patent 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 face="Symbol">¾
the pleading shall identify each such claim and state that fact and shall identify each such example, specifying the respect in which it is alleged that it does not work as described.
(4) Any party served with a pleading as provided by paragraph (1) shall, unless the Judge otherwise orders, file and serve on each other party to the proceeding an answer to the pleading.
(5) Except by leave of the Judge, evidence is not admissible in proof of a ground of invalidity in relation to which the requirements of paragraphs (1), (2) and (3) have not been satisfied.