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Legislative Implementation of Flexibilities - Papua New Guinea

Title:Section 26 of the Industrial Property Act No. 30 of 19/07/2000
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

26. Examination of patent

After recording a filing date under Section 25 for an application under Section 19 -

(a) the Registrar shall examine whether -

(i) the application complies with the requirements of Section 19 (2) and (4) and any Regulations pertaining thereto; and

(ii) the application complies with those requirements of this Act, and the Regulations which are designated by the Regulations as formal requirements for the purposes of this Act; and

(iii) information requested under Section 24, if any, has been provided; and

(b) where the Registrar is of the opinion that the application does not comply with the requirements of Paragraph (a) he may invite the applicant to file, within a time limit specified by the Registrar and in a manner directed by the Registrar, -

(i) a correction or amendment; or

(ii) a submission as to whether the application complies with the requirements of Paragraph (a); or

(iii) both (i) and (ii),

and where after the expiration of the time limit specified by the Registrar, whether or not the applicant has responded to the invitation of the Registrar under this paragraph, the Registrar is still of the opinion that the application does not comply with the requirements of Paragraph (a) the Registrar shall refuse the application and notify the applicant in writing of his decision

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