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IPA patent 7.8.5.3-rationality
IPA patent 7.8.5.3-rationality — IP Australia Patent Manual of Practice and Procedure – 7.8.5.3 Rationality
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Also in this Chapter:
7.8.5.1 Lawfulness
7.8.5.2 Fairness
7.8.5.4 Openness
7.8.5.5 Diligence and Efficiency
7.8.5.6 Courtesy and Integrity
Related Chapters:
7.8.6.1 Written Decisions
Hearing officers are expected to be reasonable and only consider the merits of a case when making a decision. This includes taking into account relevant considerations and evidence, and ignoring those factors that are irrelevant to the matter required to be determined.
Note that a decision is not unreasonable merely because on review a different decision can be reached based on the relevant facts. A decision will only be unreasonable if no reasonable person in the circumstances could have reached the same conclusion.
Rationality also extends to the decision following logically from the material facts and considerations relevant to the case. A well-structured statement of reasons will assist hearing officers in making logical decisions consistent with the facts (see 7.8.6.1 Written Decisions ).
