Polish patent attorneys, case II GSK 833/10

January 20th, 2012, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 1 September 2011 case file II GSK 833/10 decided the cassation appeal that was filed by the National Council of Patent Attorneys in the case of the candidate for the patent attorney traineeship. The candiate did not agree with grades that she received during the entry exam. The SAC held that the cassation complaint was unjustified because of the lack of clarity in the rules of operation of the examination committee could cause significant differences in the assessments and grades that were issued by individual members of the committee. Grades that were issued for the same answer for the same question were so significantly different (4 and 10, 3 and 10) that it could indicate only that not all members of the committee acted in accordance with objective, reliable rules. The Supreme Administrative Court held that the Voivodeship Administrative Court in its judgment of 11 February 2010 case file VI SA/Wa 1713/09 correctly annulled the resolution of the National Council of Patent Attorneys, because the Council did not use clear criteria for assessing candidates for the patent attorney traineeship, thus giving rise to the recognition by the VAC that such resolution violated the requirements for reasons and justification of the administrative decision. The SAC held that the sufficient guarantee of proper operation of the committee would be, apart from the personal reliability of its members, formulation and disclosure of clear criteria for evaluation in all fields of the exam.