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Legislative Implementation of Flexibilities - Mongolia

Title:Article 10 of the Patent Law of 25/06/1993, as last amended in 1999
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Article 10

Examination of patent application

1. After recording of the filing date, the [Intellectual Property Office shall examine the invention or industrial design to determine if it complies with the requirements of Article 4 of this law.

2. The applicant shall, on request, supply to the [Intellectual Property Office information on any application for a patent or other form of entitlement to protection which has been filed by the applicant in any other country and which relates to the same or essentially the same invention as that to which the application filed with the [Intellectual Property Office relates.

3. During the examination procedure the applicant may request that the application be corrected or amended, provided that the correction or amendment shall not go beyond the disclosure made in the initial application. If such a request is made the examination procedure may be postponed. The duration of any postponement shall be consistent with the time limits provided for in paragraph 5 of this article.

4. During the examination procedure, the applicant may divide the application into two or more applications, provided that each divided application shall not go beyond the disclosure made in the initial application.

Up to the time when the application is in order for grant, the application for a patent may be converted into the application for utility model, or the application for utility model into the application for a patent and the filing date shall be the date application first received.

5. The [Intellectual Property Office]* shall, according to the examination report, reach a decision as to whether or not to grant a patent within 9 months from the filing date of the application. If required, the [Intellectual Property Office may extend this period for further 12 months.

6. If it is decided to grant the patent, the formulation of the invention or the drawing of the industrial design and the particulars concerned shall be published in the Patent Gazette.

7. If the invention or industrial design has not been recognized, a copy of the examination report shall be sent to the applicant within 30 days from the date of conclusion of the examination and the report shall be kept at the patent library.

8. The industrial design which is not different with previously disclosed designs or their peculiarity shall not be considered new and original.

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