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 Report 43

Administrative Review of Patents Decisions, 1998

The full report is available for download below.

Summary of the report

The report was transmitted to the Government on 16 October 1998, and was tabled in the Parliament on 9 February 1999.

The central issue canvassed in the report is the appropriateness of the current arrangements for the review of decisions by the Commissioner of Patents. Some decisions are currently reviewable by the Administrative Appeals Tribunal, others by the Federal Court and there are decisions that are not currently the subject of review at all.

This report makes recommendations that may be summarised as favouring merits review by the Administrative Appeals Tribunal of most of the decisions of the Patents Commissioner.

Response to the report

The Council understands that the Attorney-General has written to the Minister for Industry, Science and Resources, proposing the development of an agreed response to the Council's recommendations.