Patents Act, 1964

Appeals from decisions of Controller.

75.—(1) Any appeal from the Controller under this Act shall be to the Court and shall be heard by one judge of the Court and the President of the High Court shall from time to time make arrangements for securing that all appeals under this section shall, so far as practicable, be heard by the same judge.

(2) Any such appeal which concerns a patent specification which has not become open to public inspection shall be heard in private.

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

(4) In any such appeal 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 for the conduct of proceedings under this section may include provision for the appointment of scientific advisers to assist the Court, and for regulating the functions of such advisers. The remuneration of a scientific adviser appointed in accordance with such rules shall be defrayed out of moneys provided by the Oireachtas.

(6) Except by leave of the Court, no appeal from an order or decision of the Controller shall be entertained of which notice to the Court is not given within one month from the date of the order or decision appealed against or within such further period not exceeding three months as the Controller may allow (upon request received before the expiration of the said period of one month).

(7) An appeal to the Supreme Court on a specified question of law shall lie from the decision of the Court on an appeal to it under this Act (other than an appeal under section 11 , 12 , 13 , 14 , 19 , 20 , 21 , 22 , 28 , 30 or 31 of this Act).