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Legislative Implementation of Flexibilities - Tunisia

Title:Articles 29-31 of the Patents Law No.2000-84 of 24/08/2000
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Section 2

Examination of the Application

29. The entity responsible for industrial property shall examine whether the application is consistent in terms of form with the provisions of Articles 20, 21 and 22 of this Law.

The entity responsible for industrial property shall reject the patent application if it finds that the provisions referred to in the first paragraph of this Article have not been respected after the applicant has been invited to remedy the shortcomings within a period of three months from the date of the notice served on him to that end.

The rejection decision shall be accompanied by a statement of reasons, and shall be notified to the applicant or his agent by registered letter with advice of receipt.

30. The entity responsible for industrial property shall ascertain whether, in terms of substance:

- the subject matter claimed is not manifestly excluded from patentability under the second paragraph of Article 2 and Article 3 of this Law;

- the subject matter claimed corresponds to the definition given in Article 6 of this Law;

- the description satisfies the requirements specified in the third paragraph of Article 21 of this Law;

- the claims meet the requirements specified in the fourth paragraph of Article 21 of this Law;

- the application meets the requirements specified in Article 23 of this Law;

- the divisional application does not extend beyond the disclosure of the initial application;

- all the documents required under the third paragraph of Article 24 of this Law have been supplied.

Where the entity responsible for industrial property considers that the conditions set forth in the first paragraph of this Article have not been met, it shall inform the applicant or his agent accordingly and invite him to amend his application or to make comments within a period of three months of the notice served on him to that end.

If in the course of that period the applicant rectifies his application in accordance with the notice from the entity responsible for industrial property, the examination of the application shall resume on payment of a fee the amount of which shall be fixed by decree, failing which the entity responsible for industrial property shall reject the application.

Where the entity responsible for industrial property considers, in the light of either the comments or the amendments made by the applicant under the second paragraph of this Article, that the conditions set forth in the first paragraph have been met, the application shall be entertained. Otherwise the entity responsible for industrial property shall inform the applicant and invite him to meet the said conditions within three months of notice having been served on him to that end.

If at the end of the period set the entity responsible for industrial property considers that the said conditions have still not been met, it shall reject the application.

Any rejection decision shall be accompanied by a statement of reasons and be notified in writing to the applicant or his agent by registered letter with advice of receipt.

31. Where the application conforms to the provisions of this Section, a mention of its filing shall be published in the official bulletin of the entity responsible for industrial property within 18 months of the filing date.

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