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Legislative Implementation of Flexibilities - Liberia

Title:Section 15 (3), (4) and (5) of the Industrial Property Act of 20/03/2003
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

15.- (3) After according a filing date, the Director General shall examine whether the application complies with the requirements of Section 11 (1) and (2) and the Regulations pertaining thereto and those requirements of this Act and the Regulations which are designated by the Regulations as formal requirements for the purposes of this Act and whether information requested under Section 14, if any, has been provided.

(4) Where the Director General is of the opinion that the application complies with the requirements indicated in subsection (3), the Director General shall take a decision as to whether' the requirements of Section 8(2) and (3), 31 (3) (4) and (5) and 12 and the Regulations pertaining thereto are fulfilled and for this purpose may, as provided for in the Regulations, cause the application to be examined.

(5) The Director General shall take into account, for the purposes of subsection (4):

(i) the results of any international search report and any International preliminary examination report established under the PACT in relation to the application, and/o:

(ii) any search and examination report submitted under Section 14(2)(i) relating to, or a final decision submitted under Section 14(2)(iii) on the refusal to grant a patent on, a corresponding foregoing application; arid/or

(iii) any search and examination report which was carried out upon his request by an external search and examination authority.

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