Legislator Case Law & Legislation
III RN 42/97 AI generated

Supreme Court dismissed extraordinary review for procedural errors not constituting invalid proceedings.

Case Number III RN 42/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the Patent Office against the Appeals Commission's decision to reject a patent invalidation request. The Patent Office argued that the Appeals Commission improperly relied on an expert opinion regarding the utility of a mining support design, claiming this constituted a material law violation. However, the Court determined that the arguments focused on evidentiary assessment rather than a direct misinterpretation of the substantive law or an invalid procedure. Consequently, the review was rejected because the alleged procedural defects did not meet the strict criteria for extraordinary review under the Civil Procedure Code.

Legislator headnote

AI generated

Art. 77 of the Patent Act; Art. 393 § 11 of the Civil Procedure Code: In extraordinary review alleging material law violation, the Supreme Court does not consider procedural law violations unless they amount to invalid proceedings.

Keywords

AI generated
extraordinary review material law violation procedural law violation invalid proceedings patent utility expert opinion Civil Procedure Code

Cited Legislation

AI generated
Art. 77 of the Patent Act
Art. 393 § 11 of the Civil Procedure Code
Art. 393 § 12 of the Civil Procedure Code
Act of 1 March 1996 on amending the Civil Procedure Code

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