Legislator Case Law & Legislation
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.

Case Number III RN 29/99
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 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 generated

Art. 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 generated
art. 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

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