Cap. 417 Art. 58Right of appeal.

(1) An appeal, which shall have suspensive effect, may be made from a decision of the Comptroller or the arbiter, as applicable, where the decision consists of:

(a) a refusal of a patent, in which case the appeal may be made only by the applicant;

(b) a refusal of a notice for revocation of a patent, in which case the appeal may be made only by the person filing the notice;

(c) an acceptance of a notice for revocation of a patent, in which case the appeal may be made only by the proprietor of the patent;

(d) a refusal of a notice of revocation of a priority claim, in which case the appeal may be made only by the person filing the notice;

(e) an acceptance of a notice of revocation of a priority claim, in which case the appeal may be made only by the proprietor of the patent;

(f) a refusal of an application for the re-establishment of rights, in which case the appeal may be made only by the proprietor of the patent;

(g) a refusal of any other request of the patent applicant or patent proprietor, in which case the appeal may be made only by the patent applicant or patent proprietor respectively.

(2) The appeal referred to in sub-article (1) may only be made in the Court of Appeal within thirty days of the date of service of the decision of the Comptroller.

(3) In the case of revocation proceedings initiated directly with the Patents Tribunal in accordance with article 44, any party to the proceedings that feels aggrieved by the decision of the Patents Tribunal may appeal to the Court of Appeal on points of law only by means of an application filed in the registry of that court within thirty days from the date of the decision of the Patents Tribunal.

(4) The Court of Appeal shall be constituted in accordance with article 41(9) of the Code of Organization and Civil Procedure.

(5) The Rule-Making Board established under article 29 of the Code of Organization and Civil Procedure may make rules governing appeals to the Court of Appeal under this Act.

(6) The Court of Appeal may, in regard to costs, make an order in accordance with the provisions of article 223 of the Code of Organization and Civil Procedure. *