The Chamber of Appeals is established on the basis of the Patent Law of Georgia. Its activity is regulated by the Statute of the Chamber of Appeals Operating at Sakpatenti. The function of the Chamber of Appeals is hearing disputes related to Sakpatenti decisions on intellectual property subject-matters as well as the criteria for their protection, granting patents and registration of other subject-matters of industrial property.
The Chamber of Appeals is chaired by the Chairman of Sakpatenti. In order to hear appeals, Panels of the Chamber of Appeals are established by order of the Chairman of the Chamber of Appeals, composed of 3 members. The Chairman of the Chamber of Appeals appoints Panel Chairman from the members of the Panel. The Chairman of the Chamber of Appeals issues an order appointing secretaries of the Chamber of Appeals.
Decisions taken by Sakpatenti examination related to relevant intellectual property subject-matters (trademark, design, invention, etc.) may be appealed at the Chamber of Appeals. The legal grounds of appealing against decisions to the Chamber of Appeals are determined in the legislative acts related to relevant subject-matters.
An appeal may be submitted to the Chamber of Appeals in material form or through the electronic system. An appeal shall be submitted with the use of the appeal form approved by the Chairman of the Chamber of Appeal (see link). An appeal shall contain the full title of the Chamber of Appeals, the name/title and address of the appellant, the title, number and date of the appealed act, the statement as to which part of the act is subject to appeal, the statement as to the essence of the inaccuracy of the act, the request of the appellant.
Upon filing an appeal with the Chamber of Appeals, the relevant fee shall be paid according to the subject-matter to which it is related (trademark, design, invention, etc.). The fees prescribed for hearing an appeal are stipulated by the Resolution № 182 of July 3, 2010 of the Government of Georgia “On Approval of Fees for the Service Related with Patenting, Registration and Deposition of Intellectual Property Subject-Matters”.
There are certain reductions on fees prescribed for hearing an appeal at the Chamber of Appeals, in particular, inventors, designers, higher education institutions and independent scientific-research units enjoy a 70%, and students, pupils and retiree applicants – a 90% reduction.
The Panel shall decide by majority of votes. A member of the Panel in disagreement with the majority, formulates his/her different opinion, which shall be appended to the decision.
