Proceedings seeking revocation of a patent for invalidity are usually commenced by pleadings. The applicant will typically commence proceedings by filing an originating application and statement of claim. The originating application will set out the nature of the orders being sought in the proceedings (e.g., a declaration that particular claims of a patent are invalid). The statement of claim will provide further detail about the invalidity challenge, including the grounds upon which it is alleged that the patent is invalid. In addition, the applicant must also provide particulars of invalidity setting out with more precision the basis upon which each of the grounds of invalidity is said to be established.
In response, the respondent patentee will file a defense to the statement of claim. In its defense, the respondent will either admit, deny or otherwise provide an explanation in response to the allegations contained in the statement of claim. The applicant will then be able to file a reply to the defense or, failing this, be taken to join issue and deny the allegations made in the defense.
Once the pleadings have been finalized and closed, it is typical for the preparation of evidence in the proceedings to be commenced. This topic is discussed in Section 2.6.7.