# The Patents Rules 2007, Article 78: The counter-statement


(1) Any counter-statement filed by the defendant must—
(a) state which of the allegations in the statement of grounds he denies;
(b) state which of the allegations he is unable to admit or deny, but which he requires the claimant to prove;
(c) state which of the allegations he admits;
(d) be verified by a statement of truth; and
(e) comply with the requirements of Part 1 of Schedule 2.
(2) Where the defendant denies an allegation—
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.
(3) A defendant who fails to deal with an allegation in a counter-statement shall be taken to admit that allegation.
(4) But a defendant who—
(a) fails to deal with an allegation; but
(b) has set out in his counter-statement the nature of his case in relation to the issue to which the allegation is relevant,
shall be taken to require the allegation to be proved.

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Source: https://www.legislation.gov.uk/uksi/2007/3291/article/78 (the official version)
Page: https://openlegislation.uk/patents-rules-2007/article-78
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

