III RN 29/99
AI generated
Supreme Court dismissed extraordinary review against first-instance patent office decision, allowing only review of final appeal board ruling.
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Patent Office President against both the first-instance and second-instance patent decisions. The applicant argued procedural violations occurred during the initial proceedings, but the Court held that extraordinary review applies only to the final, binding decision of the Appeal Commission. Consequently, the Court ruled that procedural errors in the first instance could not be the subject of this specific remedy.
Legislator headnote
AI generatedArt. 117 of the Patent Act; Art. 393 § 1 of the Civil Procedure Code: Extraordinary review is admissible only against the final decision of the Appeal Commission, not against prior first-instance rulings.
Keywords
AI generated
extraordinary review
patent office
final decision
procedural error
appeal commission
civil procedure code
patent grant
Cited Legislation
AI generatedart. 117 of the Patent Act of 19 October 1972
art. 10 of the Act of 1 March 1996 amending the Civil Procedure Code
art. 393 § 1 of the Civil Procedure Code