Legislative Implementation of Flexibilities - Slovenia

Title:	Articles 85 and 88 of the Industrial Property Act of 23/05/2001 as last amended on 06/02/2006
Field of IP:	Patents
Type of flexibility:	Substantive examination
Summary table:

Provisions of Law

Article 85

Examination of an application as to formal requirements

(1) When an application contains all items referred to in Article 79, the Office shall

examine whether the items of the application or supplements or evidence, if any, are, as

to their contents and form, drawn up as prescribed by this Act and the regulations issued

pursuant to this Act.

(2) In the case of a patent application, the Office shall also examine whether the

invention meets the requirements of Article 87(2) and (4), and whether all fees have

been paid, including any renewal fees under Articles 109(4) or 110(4).

(3) If, in the case of a mark application, the Office establishes that the list of goods and

services contains a good or service which is not classified according to the international

classification established by the Nice Agreement Concerning the International

Classification of Goods and Services for the Purposes of the Registration of Marks of

15 June 1957, as revised on 14 July 1967 (Official Gazette SFRJ-MP No 51/74, Official

Gazette RS-MP No 9/92), hereinafter referred as "the Nice Classification", or is

classified in the wrong class, the Office may, in the case of minor irregularities, on its

own motion, classify the good or service according to the Nice Classification, or correct

the classification, and inform the applicant accordingly. Where the Office groups or

corrects more than five classifications of goods or services according to the Nice

Classification, it shall invite the applicant to pay, within one month from the receipt of

the invitation, the fee for classification. If the applicant fails to pay the fee in due time,

the application for the goods or services which the Office classified according to the Nice Classification or corrected the classification thereof, shall be deemed to be

withdrawn.

(4) If, in the case of a mark application, the Office establishes that a good or service in

the list of goods and services is indicated by a term that is too vague for the purposes of

a correct classification according to the Nice Classification, or if the Office does not act

according to paragraph (3), it shall invite the applicant to remedy irregularity within

three months from the receipt of the invitation. If the applicant fails to remedy the

irregularity in due time, the application for the goods or services which were not clearly indicated or correctly classified according to the Nice Classification shall be deemed to be withdrawn.

(5) If any deficiencies are noted in the application or in supplements or evidence, the Office shall invite the applicant to remedy deficiencies within three months from the receipt of the invitation.

(6) If the applicant does not remedy all deficiencies in due time, the application shall be deemed to be withdrawn, except in the cases referred to in paragraphs (3) and (4), and in Articles 128(4) and 129(5).

(7) If the Office establishes that all the items of the application or supplements or evidence, if any, comply, as to their contents and form, with the provisions of this Act and the regulations issued pursuant to this Act, the proceedings shall continue:

(a) for patent applications, under Article 88 and subsequent articles;

(b) for industrial design applications, under Article 96;

(c) for mark applications, under Article 99 and subsequent articles.

Article 88

Examination of requirements for the grant of a patent

(1) In the examination preceding the grant of a patent, the Office shall examine:

(a) whether, subject to Article 11, the subject-matter of the claimed invention is patentable;

(b) whether the claimed invention meets, at first sight, the requirements of Articles 12, 14 and 15.

(2) In the examination preceding the grant of a short-term patent, the Office shall examine:

(a) whether, subject to Article 11(1) and (2)(a), the subject-matter of the invention to which the application relates may be protected by a short-term patent;

(b) whether the claimed invention meets, at first sight, the requirements of Articles 12, 15 and 16.

(3) If the Office establishes that the claims of the patent application meet all the requirements of paragraph (1), or that the claims of the short-term patent application meet all the requirements of paragraph (2), it shall decide to publish the application in the Official Journal.

(4) If the Office establishes that the claims of the patent application do not meet all the requirements of paragraph (1), or that the claims of the short-term patent application do not meet all the requirements of paragraph (2), it shall refuse the application.

(5) If the Office establishes that the claims of the patent application do not meet the requirements of paragraphs (1) and (2) only in part, it shall refuse the application only in that part.