Legislative Implementation of Flexibilities - Uruguay

Title:	Articles 23, 31 and 32 of the Law No. 17.164 Regulating Rights and Obligations Relating to Patents, Utility Models and Industrial Designs No. 1.827*R of 02/09/1999
Field of IP:	Patents
Type of flexibility:	Substantive examination
Summary table:

Provisions of Law

23. Where the preliminary formal examination of a patent application shows that it does not meet the requirements prescribed in the preceding Article, but that it identifies the applicant, contains a description of the subject matter and the claims, the applicant shall be given the period laid down in the regulations but not exceeding 90 days to meet the requirements. The application shall retain the date of filing if the requirements are met within this time limit; if they are not, the application is deemed to be have been abandoned.

31. Any interested party may put forward comments based on the patent application within the period prescribed in the regulations, as of the date of publication. The submission of comments shall not suspend the application process and the person making the comments shall not become a party to the procedure.

32. The purpose of the substantive examination of applications shall be to determine whether the proposed invention meets the requirements and criteria for patentability laid down in this Law.

For this purpose, it shall be permissible:

(a) to request the applicant to furnish copies of the anticipation search, the substantive examinations and other documentation available to him;

(b) to seek the advice of bodies which carry out scientific and technological activities;

(c) to utilize patent documents, search and examination reports or similar documents prepared by other patent offices.

All the comments resulting from the substantive examination shall be contained in a single act, unless there are new or supervenient elements that might affect patentability.

The comments made shall be shown to the applicant within the time limit fixed in the regulations.