Legislator Case Law & Legislation
III RN 58/96 AI generated

Supreme Court dismisses extraordinary review of patent office appeal decision not ending proceedings.

Case Number III RN 58/96
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by a German company regarding a Patent Office appeal decision. The company argued the appeal concluded the priority date determination, but the Court found the decision was merely procedural and did not finally resolve the substantive patent application. Consequently, the review was inadmissible because no final patent-granting decision existed to be reviewed under the relevant patent law.

Legislator headnote

AI generated

Art. 117 of the Patent Law; Art. 393 § 8 of the Civil Procedure Code: An extraordinary review is inadmissible if the appealed decision does not finally conclude the proceedings, as only a final judgment on the merits can be the subject of such review.

Keywords

AI generated
extraordinary review patent law final decision procedural ruling priority date Supreme Court inadmissible appeal

Cited Legislation

AI generated
Art. 117 of the Patent Law of 19 October 1972
Art. 393 § 8 of the Civil Procedure Code
Art. 10 of the Act of 1 March 1996 on amending the Civil Procedure Code

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