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PATENTS ACT 1990 - SECT 224

Review of decisions

  (1)   Application may be made to the Administrative Appeals Tribunal for review of:

  (a)   a decision of the Commissioner under section   10, 17, 32, 33 or 52, subsection   56(1)(b), 74(3) or 103(2), section   113, subsection   137(3), paragraph   141(1)(b), subsection   150(2), 151(2), 152(2) or 152(3), or section   173, 215 or 223; or

  (b)   a decision of the Designated Manager under section   198 not to register a person as a patent attorney; or

  (c)   a decision of the Director under subsection   147(2) or (3), section   149 or subsection   152(1).

  (1A)   If:

  (a)   the Commissioner is taken to have made a decision (the initial decision ) under paragraph   223A(2)(a); and

  (b)   under subsection   (1) of this section, application may be made to the Administrative Appeals Tribunal for review of the initial decision; and

  (c)   the Commissioner, under subsection   223A(3), substitutes a decision for the initial decision;

application may be made to the Administrative Appeals Tribunal for review of the substituted decision.

  (2)   If, under subsection   (1) or (1A), application may be made to the Administrative Appeals Tribunal for review of a decision and a written notice of the decision is given to a person whose interests are affected by the decision, the notice must include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

  (3)   Failure to comply with subsection   (2) in relation to a decision does not affect the validity of the decision.

  (4)   In this section:

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .


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