Office refusals and administrative-court review

Stages of the procedure

1. 01

   Service and procedural classification

   Establish whether the act is a decision or an order, which procedure produced it and when it was effectively served. Check standing, fees, document requirements and the applicable time limit. Read procedural instructions together with the legislation; similar terminology does not ensure an identical review route.

2. 02

   Reconsideration or a court complaint

   Where a request for reconsideration is available, Article 52 § 3 of the Administrative Courts Procedure Act generally permits a court complaint without first using that request. A decision on the merits after a hearing in UPRP contentious proceedings follows a different route. The choice requires checking the special rules and procedural position.

3. 03

   Complaint to WSA

   Identify breaches of substantive or procedural law and explain their effect on the outcome. The complaint must be submitted through the authority in the prescribed manner. The court reviews legality; it does not simply rerun the entire application examination or replace a civil action for infringement damages.

4. 04

   Judgment and possible cassation

   Assess the reasons and effect of the judgment, including any remittal to the Office. An NSA cassation appeal has statutory grounds and special drafting requirements. A patent attorney may draft it in industrial-property matters under Article 175 § 3 point 2 of the Act. This does not confer unrestricted authority in unrelated administrative fields.