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
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: Suggested Citation