Patents Act · 2023 Revised Edition · Part · Legal Proceedings
87. Appeals from Registrar
Official textFrom Attorney General's Chambers, unchanged
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 —
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
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 32(1) or (2);
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 Court of Appeal from a decision of the court on appeal from a decision of the Registrar under this Act or the rules —
except where the decision of the Registrar was given under section 20, 38, 48, 65, 77, 78 or 80; 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 Court of Appeal under this section if leave to appeal is given by the court or the Court of Appeal.
Terms defined in s 2
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
right
Defined · s 2“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
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