10.—(1) Where an application to the High Court for an order under section 24 of the Act extending the term of a patent is made by originating summons, the Comptroller shall be made defendant to the summons and the summons must be served on the Crown Solicitor.
(2) Not less than 7 days before the day fixed under Order 28, rule 2, for the hearing of the summons the plaintiff must file an affidavit of the facts on which the plaintiff relies, and serve 3 copies on the Crown Solicitor.