Protecting Industrial Property Rights

Where an application for a patent satisfies the formal requirements, the applicant is notified and is required to submit, within three years from the filing date of the application,  a request on form IP 8 for the examination of the application.  Where no request is made within the three years, the application is deemed to be abandoned.

An examination of the application is carried out check out whether the invention in respect of which the application is made is patentable within the meaning of the industrial property act

If an application claims priority, the applicant may be requested to provide the following documents for the purposes of examination of the application:-

1. a search and examination report based on the priority application;
2. documents relating to the priority application ; and
3. any other document that may be considered relevant.

Taking due account of the conclusions of the examination report , the applicant is notified accordingly and invited to submit his observations and, where applicable, to amend his application.

Where, despite any observation or amendment submitted by the applicant, it is found that any of the conditions for patentability is not fulfilled, the application is rejected and the applicant notified  accordingly.

Appeals

The applicant may appeal to the Tribunal against any decision by which the Managing Director accords a filing date, rejects the application, treats the application as if it had not been filed, considers any of the claims to be withdrawn or refuses to grant a patent.

See also

Filing date and examination as to form.

Term of a patent and annual fees.