Title: | Article 33 of the Law No. 31/2009 of 26/10/2009 on the protection of intellectual property |
Field of IP: | Patents |
Type of flexibility: | Substantive examination |
Summary table: |
Article 33
Examination
After according a filing date, and having the invention classified according to the International Classification, the empowered authority shall examine whether the application complies with the requirements of articles 23 and 24, and the provisions of the administrative regulations pertaining thereto, as well as the other requirements of this Law and relevant administrative regulations which, under this Law, constitute formal requirements, and shall examine whether information specifically requested under articles 30 and 31 if any, has been provided.
If the empowered authority finds that the requirements of paragraph (1) of this article have not been satisfied, he shall invite the applicant to make the required corrections; if the applicant does not comply with the invitation, the application shall be considered withdrawn; if the correction relates to the declaration of priority, the right of priority shall be lost.
Where the empowered authority is of the opinion that the application complies with the formal requirements of the paragraph (1) of this article, he shall take a decision as to whether the requirements of articles 14 to 18, 25 and 26 and the administrative regulations pertaining thereto and cause, if appropriate, the application to be examined as to substance. For the purposes of examination as to substance, the empowered authority shall take into account:
1° the results of any international search report and any international preliminary examination report established under the Patent Cooperation Treaty in relation to the application filed in Rwanda; and/or
2° the results of any search and examination report and any decision submitted under article 31 of this Law; and/ or
3° the results of any search and examination report which was carried out upon his request by an external search and examination authority or by a specialized agency of the Government of Rwanda.