Title: | Section 10 (5)-(7) of the Industrial Property Act of 2002 |
Field of IP: | Patents |
Type of flexibility: | Substantive examination |
Summary table: |
(5) After according a filing date, the Registrar must examine -
(a) whether the application complies with the requirements of section [6] (1) to (3) and the relevant regulations and any requirements of this Act and the regulations which are designated by the regulations as formal requirements for the purposes of this Act;
(b) whether any information requested under section [9], has been provided.
(6) If the Registrar is of the opinion that the application complies with the requirements of subsection (5), the Registrar must take a decision as to whether the requirements of sections [3](2) and (3), [4], [6](4), (5) and (6) and [7] and the relevant regulations are fulfilled and for this purpose may, as provided for in the regulations, cause the application to be examined.
(7) The Registrar must take into account, for the purposes of subsection (6) -
(a) the results of any international search report and any international preliminary examination report established under the Paris Convention in relation to the application;
(b) any search and examination report submitted under section [9](2)(a) or a final decision submitted under section [9](2)(c) relating to the patent on a corresponding foreign application;
(c) any search and examination report which was carried out upon the Registrar's request by an external search and examination authority.