CHAPTER IV: EXAMINATION
Part One
Announcement of Patent Applications
Article 47
(1) The Patent Office shall announce a patent application that has fulfilled the requirements of Article 29 and 30 and has not been withdrawn.
(2) The announcement shall be carried out
a. 18 (eighteen) months after the date of filing of patent application;
b. 18 (eighteen) months after the date of filing of the first patent application, in the case of a patent application with a priority right.
Article 48
(1) Announcement shall last for 6 (six) months and be carried out by:
a. placement on a special announcement board provided exclusively for this purpose and which can be easily and clearly seen by the public, and;
b. placement of the Official Patent Gazette announced periodically by the Patent Office.
(2) The date of commencement of the announcement of a patent application shall be recorded by the Patent Office in the register of announcements.
Article 49
The announcement shall list the following :
a. full name and address of the inventor or the person having a right to the invention and the patent consultant where the application was filed by patent consultant ;
b. deleted ;
c. the title of invention ;
d. the date of filing of patent application or, in the case of a patent application is filed with a priority right, the date, number and country where the patent application was first filed ;
e. an abstract ;
f. classification of the invention ;
g. drawings, if any.
Article 50
The Patent Office will provide a special place to provide any interested member of the public with an opportunity to see the documents of announced patent applications.
Article 51
(1) During the period of announcement, any person, after having seen the announcement of the patent application, may submit written comments or objections to the patent application concerned stating the reasons therefor.
(2) Where there are any comments or objections referred to in paragraph (1), the Patent Office shall immediately send a copy of the letter containing the comments or objections to the patent applicant.
(3) The patent applicant shall have the right to submit to the Patent Office written denials and explanations with respect to such comments or objections.
(4) The Patent Office shall use the comments or objections, denials and explanations referred to in paragraph (1) and paragraph (3) as additional information for consideration during the examination of the patent application concerned.
Article 52
(1) With the approval of the Minister, the Patent Office may decide not to announce a patent application, if it considers said invention and its announcement to be potentially disturbing or contrary to the interest of the defence and security of the State.
(2) The decision not to announce a patent application referred to in paragraph (1) shall be made known in writing to the patent applicant by the Patent Office with a copy to the inventor or the person having a right to the invention if the patent application was filed by a patent consultant.
(3) The provisions referred to in Article 48 and Article 49 shall not apply to an unannounced patent application.
(4) Any consultation held by the Patent Office with other government agencies, including the forwarding of information concerning an invention for which a patent has been requested, which results in a decision not to announce the patent application, shall not be considered to be a violation of the obligation to preserve the confidentiality of the invention and the patent application documents concerned.
(5) The provision referred to in paragraph (4) shall not detract from the obligation of the government agencies concerned and their staff members to continue to preserve the confidentiality of the invention and the patent application documents towards any third party.
Article 53
(1) An unannounced patent application shall be examined as to whether to grant or not to grant a patent, if:
a. a period of 6 (six) months has elapsed from the date of the decision of the Patent Office not to announce the patent application concerned;
b. said patent application has not been withdrawn.
(2) The examination of the patent application referred to in paragraph (1) shall be recorded by the Government without charging an examination fee to the patent applicant.
Article 54
Further provisions regarding announcement procedures shall be regulated by the Minister.
Part Two: Examination
Article 55
(1) A request for the examination of a patent application must be filed to the Patent Office in writing together with the payment of a fee, the amount of which shall be stipulated by the Minister.
(2) The request referred to in paragraph (1) shall be a substantive examination.
(3) The form and requirements for requests for examinations shall be regulated further by the Minister.
Article 56
(1) A request to conduct a substantive examination must be filed at the latest 36 (thirty six) months from the date of filing of patent application but not earlier than the expiration date of announcement referred to in Article 48.
(2) If a request for examination has not been filed after the time limit referred to in paragraph (1) has elapsed, or the pertinent fee has not been paid, the patent application shall be deemed withdrawn.
(3) The Patent Office will notify the patent applicant in writing regarding the withdrawal of the patent application, with a copy forwarded to the inventor or the person who has a right to the invention if the patent application was filed by a patent consultant.
(4) The request for substantive examination filed referred to in paragraph (1) shall be conducted the Patent Office after the expiration of the announcement period.
Article 57
Without prejudice to all the foregoing provisions regarding examination, Article 51 shall not apply to unannounced patent applications.
Article 58
(1) For purposes of substantive examination, the Patent Office may request expert assistance and or utilise appropriate facilities from other Government agencies or may request the assistance from patent examiners of other Patent Offices.
(2) The use of expert assistance and or facilities referred to in paragraph (1) must be performed by observing the provisions concerning the obligation to maintain the secrecy of the invention for which a patent has been requested.
Article 59
(1) The substantive examination shall be conducted by a Patent Examiner referred to in Article 1 item 5.
(2) A Patent Examiner should hold the position of a functional official and shall be appointed and dismissed by the Minister based on certain conditions.
(3) Upon a Patent examiner referred to in paragraph (2) shall be accorded functional rank and allowances in addition to other rights in accordance with the prevailing regulations.
Article 60
(1) Where the Patent Examiner reports that an invention for which a patent has been requested evidently contains vagaries or other significant deficiencies, the Patent Office shall notify in writing of the result of said examination.
(2) The notification of results of an examination must state clearly and specifically state the items considered to be vague or other significant deficiencies together with the reasons and standard or references used in the examination as well as the period for the completion of said deficiencies.
(3) If following notification referred to in paragraph (1) the patent applicant does not provide any clarification or correct the deficiencies, including making any changes or improvements on the application which has been filed within the stipulated period, the Patent Office may reject the patent application.
Part Three: The Granting or Rejection of Patent Applications
Article 61
The Patent Office shall make the decision to approve a patent application and thus grant a patent, or to refuse the application, within the period of 36 (thirty six) months at the latest commencing on the date of receipt of application for substantive examination.
Article 62
(1) If the results of the examination conducted by the Patent Examiner indicate that the invention for which a patent has been requested does not comply with the provisions of the Article 2, Article 3, Article 5, Article 30 paragraph (1) and paragraph (2), Article 39, and Article 60, or is included among unpatentable inventions referred to in Article 7, the Patent Office shall reject said patent application and shall notify the patent applicant in writing.
(2) Where a patent application is filed by a patent consultant, a copy of the notice referred to in paragraph (1) shall also be sent to the inventor or the person who has a right to said invention.
(3) The notification letter containing the rejection of a patent application must clearly state the reasons and considerations which constitute the basis for the rejection.
Article 63
deleted
Article 64
(1) If the report on the examination carried out by a Patent Examiner with respect to an invention for which a patent has been requested concludes that said invention complies with Article 2, Article 3, Article 5 and other provisions of this Law, the Patent Office shall officially grant a Patent Certificate for the invention concerned to the patent applicant or, where the patent application was filed by a proxy, a copy of said Patent Certificate shall also be given to the inventor or to the person who has a right to the invention.
(2) The granted patent shall be recorded in the General Register of Patents and announced in the Official Patent Gazette.
(3) The Patent Office may provide copies of the patent document to members of the public requiring copies upon payment of a fee for copying the documents, the amount of which shall be stipulated by the Minister.
Article 65
(1) A Patent Certificate shall be proof of the grant of a patent by the Patent Office and shall be recorded in the General Register of Patents.
(2) A letter containing the rejection of a patent application shall be recorded in the Patent Official Book which records the patent application concerned.
(3) The granting of Patent Certificates and the rejection of patent applications shall be announced by the Patent Office in the same manner as the announcement of patent applications.
Article 66
A patent shall be valid on the date it is granted and shall be valid retroactively from the date of receipt of the patent application.
Article 67
(1) Further provisions regarding the granting of Patent Certificates, including the form and contents thereof, shall be regulated in a Government Regulation.
(2) Other provisions regarding recording and requests for copies of patent documents shall be regulated by the Minister.
Part Four: Appeal Petitions
Article 68
(1) An appeal petition may be filed with respect to the rejection of a patent application for reasons and considerations regarding matters which are substantive in nature referred to in Article 62 paragraph (1).
(2) An appeal petition shall be filed in writing by the patent applicant or his patent consultant to the Patent Appeal Commission with a copy delivered to the Patent Office.
(3) The Patent Appeal Commission is a special agency permanently presided over by a chairman who also serves as a member and shall be part of the department headed by the Minister.
(4) There shall be an odd number of members of the Patent Appeal Commission at a minimum of three persons consisting of several experts in the fields required and senior patent examiners who did not carry out a substantive examination of the patent application concerned.
(5) The chairman and the members of the Patent Appeal Commission shall be appointed and dismissed by the Minister.
Article 69
(1) An appeal petition shall be filed describing in detail the objections to the rejection of the patent application, stating the reasons therefor.
(2) The reasons referred to in paragraph (1) must not constitute new reasons or explanations or evidence or constitute corrections or improvements to the rejected patent application.
Article 70
(1) An appeal petition must be filed no later than 3 (three) months from the date of the notification of rejection of the patent application.
(2) If said period for an appeal petition has elapsed without an appeal petition, the rejection of the patent application shall be deemed to have been accepted by the patent applicant.
(3) Where the rejection of a patent application has been deemed to have been accepted referred to in paragraph (2), the Patent Office shall record this fact in the Official Patent Book.
Article 71
(1) A petition for patent appeal shall begin to be examined by the Patent Appeal Commission within 3 (three) months at the latest commencing from the date of filing of said petition.
(2) A decision of the Patent Appeal Commission shall be final.
(3) Where the Patent Appeal Commission approves an appeal petition, the Patent Office shall grant a Patent Certificate as regulated under this Act.
(4) If the Patent Appeal Commission rejects an appeal petition, the Patent Office shall immediately give notification of said rejection.
Article 72
The organisational structure and the work methods of the Patent Appeal Commission and the procedure for appeal petitions and examinations as well as settlements shall be further regulated in a Government Regulation.