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Courts Act 1971

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This is the original version (as it was originally enacted).

46Patent appeals

(1)Section 87 of the Patents Act 1949 (appeal to Court of Appeal or, in Scotland, the Court of Session from Patents Appeal Tribunal and Scottish Patents Appeal Tribunal) shall be amended as follows.

(2)In subsection (1) before paragraph (a) insert

(aa)from any decision of the Appeal Tribunal on the ground that it is wrong in law or is in excess of jurisdiction, but this paragraph applies only if leave to appeal is given by the Tribunal or the Court of Appeal.

(3)For subsection (3) substitute—

(3)An appeal shall lie to the Court of Session—

(a)from any decision of the Scottish Appeal Tribunal on the ground that it is wrong in law or is in excess of jurisdiction, but this paragraph applies only if leave to appeal is given by the Tribunal or by the Court of Session;

(b)from any decision of the Scottish Appeal Tribunal under section 55 of this Act.

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