Protecting Industrial Property Rights

1. the name of the applicant;
2. a part which on the face of it appears to be a description; and
3. a part which on the face of it appears to be a claim or claims.

If application does not, at the time of receipt, fulfill the above requirements, the applicant is invited to file the required correction. If, the applicant complies with the invitation, the application is accorded as filing date the date of receipt of the required correction, otherwise the application is treated as if it had not been filed.

Where the application refers to drawings which are not included in the application, the applicant is invited to furnish the missing drawings, and, if the applicant complies with the invitation, the application is accorded as the filing date the date of receipt of the missing drawings, otherwise the application is accorded as the filing date the date of receipt of the application and any reference to the drawings is treated as non-existent.

Where no invitation under subsections is sent to the applicant and the applicant nevertheless files a correction, pertaining to any of the above requirements, to his application, the application is accorded as filing date the date of receipt of the correction, provided that the correction was received within thirty days from the date of application.

Formal Examination

A formal examination is carried out to check whether any of the following defects exist with respect to the application: -

1. the request does not comply with the prescribed requirements.
2. the description, the claims and, where applicable, the drawings do not comply with the prescribed physical requirements;
3. the application does not contain an abstract;
4. the relevant fees have not been paid as provided for in the regulations or the payment of such fees has been waived under that section.

If the there exist any of the above defects, the applicant is invited to remedy such defects provided that any corrections made to the application must not be such that they would require a change of the filing date and if the applicant does not comply with the invitation, the application is rejected .