Knowledge Development Box (Certification of Inventions) Act 2017
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Review of decision to refuse to issue KDB certificate | ||
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14. (1) The applicant who has been given a notice under section 13 may, within 30 days of the date of issue of the notice or such longer period as the Controller may permit in any particular case (either at the initiative of the Controller or upon a request in writing made by the applicant to the Controller), make a request in writing (in this section referred to as the “review request”), in the specified form (if any) and accompanied by the prescribed fee (if any), to the Controller to cause a review of the relevant decision to be carried out. | ||
(2) Without prejudice to the generality of section 24 , the review request shall, by reference to the grounds referred to in section 13 (b) set out in the notice concerned under section 13 , state the reasons why the applicant wishes the relevant decision to be reviewed. | ||
(3) Subject to subsection (4), the Controller shall, upon receipt of the review request, appoint an officer of the Controller (in this section referred to as the “reviewer”) to review the relevant decision. | ||
(4) The reviewer— | ||
(a) shall not be the officer of the Controller who made the relevant decision, and | ||
(b) shall be of a grade senior to the grade of the officer of the Controller who made the relevant decision. | ||
(5) The reviewer shall, as soon as is practicable after being appointed, review the relevant decision, taking into account only the reasons stated in the review request and, as he or she thinks fit— | ||
(a) confirm the relevant decision and give the applicant a notice in writing of such confirmation and the reasons for such confirmation, or | ||
(b) cancel the relevant decision and issue a KDB certificate to the applicant in respect of the invention the subject of that decision. | ||
(6) In this section, “relevant decision” means the decision, as set out in the notice concerned under section 13 , to refuse to issue a KDB certificate in respect of the invention the subject of the application concerned. |