III RN 58/96
AI generated
Supreme Court dismisses extraordinary review of patent office appeal decision not ending proceedings.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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