7.6.7 Schedule to Requests for Summons or Notice to Produce

Also in this Chapter:

• 7.6.1 Requests for Commissioner to Exercises Powers Under Section 210(1)(a) ＆ 210(1)(c)
• 7.6.2 Basis for Issuing a Summons
• 7.6.3 Basis for Requiring Production of Documents or Articles
• 7.6.4 Reasonable Expenses
• 7.6.5 Complying with the Summons or Notice to Produce, Reasonable Excuses
• 7.6.6 Sanctions for Non-Compliance​​​​​​​

Key Legislation:

Patents Act:

• s210 Commissioner's powers  

Note: This information applies to powers exercised by the Commissioner under Section 210, on or after 15 April 2013.

A request for the Commissioner to summons a witness or require production of a document or article should be accompanied by a Schedule in the following form:

Request for [Summons][Notice to produce]

Proceeding: In the matter of [Patent][Patent Application] <insert relevant number> in the name of     < > and < insert relevant matter e.g. an opposition thereto, request under s36, etc.> by < >

To:   <Name of person to whom the summons/notice is to be directed>

         <Address of the person specified above>

Specific matter(s) to which the [Summons][Notice to produce] is addressed:

1. <List the specific matters, documents or articles for which it is intended that the person be summonsed to give evidence or required to produce.

2. ….

The Commissioner will use this information to prepare a notice or summons, which the Commissioner will send to the person concerned.

Note that attention should be given to identifying the proper person to whom the summons or notice should be directed, and their correct address.  In the case of a notice requiring production it is permissible for a notice to be directed to a firm or a body corporate, rather than a natural person.

Matters of ‘substantial relevance’ to which the summons or notice is to be directed must be identified specifically.  Section 210 is not an opportunity to discover what relevant documents are in the possession of another party or to obtain documents of potential relevance.  Requests of this nature will be refused.