Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 126

  (1)   A prescribed court must not make a non - infringement declaration unless:

  (a)   the applicant for the declaration:

  (i)   has asked the patentee in writing for a written admission that the doing of the act has not infringed, or would not infringe, the patent; and

  (ii)   has given the patentee full written particulars of the act done, or proposed to be done; and

  (iii)   has undertaken to pay a reasonable sum for the patentee's expenses in obtaining advice about whether the act has infringed or would infringe the claim; and

  (b)   the patentee has refused or failed to make the admission.

  (2)   The court may make orders as to costs as the court thinks fit.