Patents Act, 1992

Appeals from decisions of Controller.

96.—(1) An appeal to the Court shall lie from any decision or order of the Controller other than a decision under section 22 (2) or section 28 (5).

(2) Any appeal under this Act which concerns a patent application which has not been published shall be heard in private.

(3) In any appeal under this Act the Controller shall be entitled to appear or be represented and be heard in support of his decision and shall appear if so directed by the Court.

(4) In any appeal under this Act the Court may exercise any power which could have been exercised by the Controller in the proceedings from which the appeal is brought.

(5) Rules of court for the conduct of appeals under this Act may include provisions for the appointment of scientific advisers to assist the Court, and for regulating the functions of such advisers; and the remuneration of any such scientific adviser shall be defrayed out of moneys provided by the Oireachtas.

(6) Save where otherwise provided in this Act, an appeal, except by leave of the Court, from an order or decision of the Controller shall not be entertained unless notice to the Court is given within the period of three months beginning on the date of the order or decision appealed against.

(7) An appeal to the Supreme Court from a decision of the Court under this section shall lie only on a question of law.

(8) In an appeal under this Act the Controller shall not be awarded or be ordered to pay costs.