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Patents as administrative acts: Patent decisions for administrative review

Dent, C. (2008) Patents as administrative acts: Patent decisions for administrative review. Sydney Law Review, 30 (4). pp. 691-714.

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Abstract

Currently, challenges to decisions in the Australian patent system may be heard in either the Patent Office, if the challenge comes before the grant of the patent, or in the Federal Court, if a granted patent is challenged. This is the case despite the grant decision being an administrative decision. This Paper considers the decisions made as part of the patent system - including the decision by a patent examiner to grant a patent and the adjudicatory decisions of opposition and revocation - and explores the potential for the challenges to the grant decision to be subject to administrative review. In particular, the Paper raises the possibility of examiners’ decisions being subject to merits review in the Administrative Appeals Tribunal and judicial review before the Federal Court.

Publication Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: University of Sydney. Sydney Law School
Copyright: © 2008 The University of Sydney
Publishers Website: http://sydney.edu.au/law/slr/
URI: http://researchrepository.murdoch.edu.au/id/eprint/36480
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