When is the deadline for appeal from a decision of the commissioner (patents, trade marks, designs, olympic insignia)?
The catalogue records a 21 days period from The date of the Commissioner's decision. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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Calculation basis and source
- Period
- 21 days
- Trigger
- The date of the Commissioner's decision
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- An extension of time may be sought under r 34.25 by application in Form 67, during or after the r 34.24 period, supported by an affidavit stating the facts relied on, why the notice was not filed in time, the nature of the appeal and the questions involved, and a draft notice of appeal.
- Runs from the date of the decision, not from notification. A Registrar fixes a return date at least 28 days after filing (r 34.24 Note). r 1.61(5) applies. Applies to Division 34.3 intellectual property appeals under the Patents Act 1990, Trade Marks Act 1995, Designs Act 2003, Plant Breeder's Rights Act 1994 and related legislation. Corrected on verification: the researched entry described r 34.24 as covering plant breeder's rights appeals. 'Commissioner' is defined for Division 34.3 by r 34.21 of the Federal Court Rules 2011 (Cth) only as the Registrar under the Designs Act 2003, the Registrar under the Designs Act for Olympic Insignia Protection Act proceedings, the Commissioner under the Patents Act 1990 and the Registrar under the Trade Marks Act 1995. The Plant Breeder's Rights Act 1994 is not among them, and it is also absent from limb (b) of the r 34.21 definition of 'intellectual property proceeding'. A plant breeder's rights appeal is not brought under r 34.24 and must not be given this 21-day period.