Patents (Amendment) Act 2006

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Appeals from the Controller (section 79 of 1996 Act).

44.— Section 79 of the 1996 Act is amended by substituting the following for subsection (1):

“(1) (a) Save as otherwise provided by this Act and subject to paragraph (b), except by leave of the Court, an appeal shall lie to the Court from a decision of the Controller under this Act within three months from the date of the decision.

(b) Where a written statement of the grounds of the decision of the Controller, in the exercise of his discretionary power, has been requested in the prescribed manner and within the prescribed period by a party to the proceedings, the period of three months shall begin on the date on which the written statement is furnished to the party requesting it.”.