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Legislative Implementation of Flexibilities - North Macedonia

Title:Articles 56, 60, 61, 62, 63, 64, 65 and 66 of the Industrial Property Law of 12/01/2009
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Examination of the application in procedure in the Office

Article 56

(1) When examining the patent application, the Office shall check whether:

1) the inventor has been indicated;

2) the priority right recognition has been requested in compliance with Articles 37 and 38 of this Law;

3) the application is in conformity with the unity rule of invention stipulated in Article 35 of this Law;

4) the separate parts of the application comply with Articles 43, 44, 45, 46, and 47 of this Law; and

5) the subject of the application is an invention, which at first may be protected by a patent in terms of Article 25, paragraph (3), Articles 26, 27, paragraph (3), and Article 30 of this Law.

(2) When examining the application, the Office shall not examine whether the requirement stipulated in Article 29 of this Law has been fulfilled.

Decision for grant of patent

Article 60

(1) If the requirements referred to in Article 56 are fulfilled and if the applicant pays the costs and fees stipulated in Article 59, paragraph (1) of this Law within the specified period of time, the Office shall make a decision for grant of patent.

(2) The data from the decision for grant of patent shall be entered in the patent register on the date of making the decision and shall be published in the official newsletter of the Office within 90 days from the date of making the decision.

Examination of the application on the basis of a substantive examination

Article 61

(1) Articles 54, 55, and 56, paragraph (1), items from 1, 2, 3 and 4 of this Law shall apply to the applications for which the applicant requested procedure for substantive examination.

Evidence and procedure concerning the evidence of the substantive examination

Article 62

(1) The patent applicant who has stated to implement the procedure in compliance with Article 52, paragraph (1) items 1 and 2 of this Law, shall submit a request for substantive examination in one of the examining institutions referred to in Article 63 of this Law, two years at the latest from the date of submitting the patent application to the Office,.

(2) The person referred to in paragraph (1) of this Article shall submit a copy of the submitted request to the Office.

(3) The applicant referred to in paragraph (1) of this Article shall be bound, within a period of six months from the date on which it has received the evidence of the examination referred to in Article 64 of this Law, to submit to the Office the evidence and the translation of the evidence in Macedonian language.

(4) In case that the patent applicant fails to proceed in compliance with paragraphs (1), (2), and (3) of this Article, the Office shall make a decide to reject the application.

(5) The Office may not make the decision referred to in paragraph (4) of this Article if it previously had not notified in writing the applicant about the reasons for which it rejected the application and if it previously failed to invite the applicant in a reasonable time limit to explain those reasons.

(6) The applicant or the owner of the exclusive right shall also be bound to present the evidence from the substantive examination when a third party lawsuits due to the infringement of the right to a patent.

(7) In case of paragraph (6) of this Article, the Office shall issue one of the decisions referred to in Article 66 of this Law by urgent procedure.

(8) The contents of the evidence of the substantive examination shall be determined by a regulation adopted by the director of the Office.

Institutions for substantive examination

Article 63

The substantive examination of the patent application referred to in Article 64 of this Law shall be conducted in:

1) one of the selected institutions, which by rule are national and international offices and which on the basis of PCT have a status of authorised institutions for international search i.e. preliminary international examination of international patent applications, or

2) some of the institutions with which a special agreement is signed for the purpose of searching and substantive examination.

Contents of the evidence from substantive examination

Article 64

1) The evidence of the substantive examination shall determine if the invention fully meets the conditions for acknowledgement of the patent right i.e. if the subject of the application is:

- an invention that may be patent granted in accordance with Articles 25 and 26 of this Law;

- the invention described in a manner that an expert in the field may apply in accordance with Article 27, paragraph (2) of this Law;

- invention which is in accordance with the rule of unity of invention referred to in Article 35 of this Law; and

- invention which is new in accordance with Articles 27 and 28 of this Law, which has inventive step in accordance with Article 29 of this Law, and is applicable in industry in accordance with Article 30 of this Law.

Additional examination

Article 65

1) The Office shall make the decision laid down in Article 66 of this Law on the basis of the presented evidences from the substantive examination referred to in Article 64 of this Law and on the basis of the additional examinations of this Article.

(2) The additional examination of patent application shall determine whether the requirements for grant of patent have been satisfied i.e. whether the subject of application is in compliance with Article 56, paragraph (1) item 5 of this Law.

(3) The Office may not make the decision referred to in Article 66 paragraph (1) item 2 or of this Law if it previously had not notified in writing the applicant about the reasons for which it cannot accept the requested right as a whole or partially and if it previously failed to invite the applicant in a reasonable time limit to explain those reasons.

(4) Upon an elaborated request by the applicant, the time limit referred to in paragraph (3) of this Article may be extended up to six (6) months.

Decisions based on the evidence from the substantive examination

Article 66

(1) On the basis of the presented evidence, the Office shall determine to what extent the contents and scope of the patent claims regarding the relevant invention meet the conditions of Articles 27, 29, and 30 of this Law and shall issue one of the following decisions:

1) a decision that the invention related to the required patent meets all the conditions referred to in Articles 27, 29, and 30 of this Law and that the patent claim or patent claims are fully in compliance with those conditions.

2) decision that the invention only partially meets the conditions referred to in Articles 27, 29, and 30 of this Law, and a decision which provides limited further validity of the patent claim or patent claims in a scope that fulfils the conditions; and

3) decision to announce nullity at the time when the patent as of the date of filing the patent application does not fulfill the conditions referred to in Articles 27, 29, and 30 of this Law.

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