Patents Act 1994 · 2020 Revised Edition · Part 17 · Legal Proceedings
90. Appeals from Registrar
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
An appeal shall lie to the court from any decision of the Registrar under this Act or the rules except any of the following decisions:
a decision falling within section 25(7);
a decision under section 27(3) to omit any matter from a specification;
a decision to give directions under section 33(1) or (2);
a decision under section 38A(4) not to grant a request for re‑examination;
a decision under section 38A not to revoke a patent;
a decision under the rules which is excepted by the rules from the right of appeal conferred by this section.
For the purpose of hearing appeals under this section, the court may consist of one or more judges of the court in accordance with directions given by or on behalf of the Chief Justice.
An appeal shall not lie to the appellate court from a decision of the court on appeal from a decision of the Registrar under this Act or the rules —
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
except where the decision of the Registrar was given under section 20, 38, 47, 80, 81 or 83, or was a decision to revoke a patent given under section 38A; or
except where the ground of appeal is that the decision of the court is wrong in law,but an appeal shall only lie to the appellate court under this section if permission to appeal is given by the appellate court.
In this section, “appellate court” means the appellate court to which an appeal under subsection (3) is to be made under section 29C of the Supreme Court of Judicature Act 1969.