Commonwealth Numbered Regulations

1991 No. 71 PATENTS REGULATIONS - REG 22.26

22.26 (1) In this regulation:

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

(2) Application may be made to the Tribunal for review of a decision of:

   (a)  the Commissioner under the following provisions:
   (i) paragraph 3.24 (1) (b) ("Commissioner may request
samples and viability statement");

        (ii)   subregulation 3.25 (2) ("request for Commissioner's certificate
               authorising release of sample of a micro-organism");

        (iii)  subregulation 5.5 (3) ("dismissal of opposition");

        (iv)   subregulation 5.6 (3) ("determination of opposition");

        (v)    subparagraph 6.2 (1) (b) (ii) ("prescribed period: grant of
               standard patent");

        (vi)   subregulation 22.21 (5) ("protecton or compensation of certain
               persons"); or

   (b)  the Patent Attorneys Professional Standards Board under subregulation
20.21 (7) ("authorisation to bring proceedings against a patent attorney"); or

   (c)  the Patent Attorneys Disciplinary Tribunal under subregulation 20.23
(2), (4) or (5) ("decision of Disciplinary Tribunal").

(3) If the Commissioner gives a person affected by a decision referred to in
subregulation (2) written notice of the making of 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 Tribunal for review
of that decision by or on behalf of the person whose interests are affected by
it.

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

(5) If the Tribunal reviews a decision of the Commissioner under subsection
224 (1) of the Act ("review of decisions") and the decision is not affirmed,
the Commissioner must publish a notice of the decision of the Tribunal in the
Official Journal.