Patents as Administrative Acts: Patent Decisions for Administrative Review

Sydney Law Review, Vol. 30, No. 4, 2008

University of Melbourne Legal Studies Research Paper No. 418

28 Pages Posted: 8 Aug 2009

See all articles by Chris Dent

Chris Dent

Murdoch University - School of Law

Date Written: August 4, 2009

Abstract

Currently, challenges to decisions in the Australian patent system may be heard in either the Patent Office, if the challenge comes before the grant of the patent, or in the Federal Court, if a granted patent is challenged. This is the case despite the grant decision being an administrative decision. This Paper considers the decisions made as part of the patent system - including the decision by a patent examiner to grant a patent and the adjudicatory decisions of opposition and revocation - and explores the potential for the challenges to the grant decision to be subject to administrative review. In particular, the Paper raises the possibility of examiners’ decisions being subject to merits review in the Administrative Appeals Tribunal and judicial review before the Federal Court.

Keywords: patent, Federal Court, administrative review

JEL Classification: K00, K23, K39

Suggested Citation

Dent, Chris, Patents as Administrative Acts: Patent Decisions for Administrative Review (August 4, 2009). Sydney Law Review, Vol. 30, No. 4, 2008, University of Melbourne Legal Studies Research Paper No. 418, Available at SSRN: https://ssrn.com/abstract=1443566

Chris Dent (Contact Author)

Murdoch University - School of Law ( email )

United States

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