Procedure, Evidence and Appeals before the Registrar and the Courts
Registrar and court procedure
The Registrar of Patents hears oppositions, revocation requests, compulsory licence matters and disciplinary issues. Procedure is governed by the Patents Law, regulations and the Registrar's directions. Evidence is usually submitted by affidavit, with cross-examination where facts are disputed. Experts may opine on technical matters, but the Registrar decides legal issues. Case management orders and deadlines must be met.
Appeals
Appeals from Registrar decisions generally go to the District Court, with further review by the Supreme Court on legal questions. The appellant must file within the statutory period and identify the grounds. New evidence on appeal may be admitted only under the rules; the court may remit the matter to the Registrar.
Worked example
In an opposition, the opponent files an affidavit from a professor on inventive step. The applicant cross-examines the professor and files a reply affidavit from its own expert. The Registrar weighs the evidence, considers the skilled person's common general knowledge, and decides. If the opponent loses, it must appeal within the prescribed period and cannot simply re-argue the same evidence without identifying an error.
Traps
Do not ignore the difference between the Registrar's technical role and the court's appellate role. Do not miss appeal deadlines or confuse them with opposition deadlines. Do not adduce new evidence on appeal without leave. Keep a clean record of procedural orders and served documents.