Legislative Implementation of Flexibilities - Georgia

Title:	Sections 32-36 of the Patent Law of 05/02/1999
Field of IP:	Patents
Type of flexibility:	Substantive examination
Summary table:

Provisions of Law

32.-(1) Sakpatenti conducts patent examination on basis of which takes the decision about granting a patent.

(2) At examination Sakpatenti may demand from the applicant to present additional documents or make amendments in the application, without which it is impossible to continue the examination of the pending application.

33.-(1) Sakpatenti confirms the filing date of the application within one month in the case of presenting the document confirming the payment of the fee for the examination as to form.

(2) If it is revealed, that the application lacks for any application material provided for by the Article 27 of this Law, Sakpatenti asks the applicant to furnish the mentioned materials within one month from receipt of the notification.

(3) If the applicant fulfills the requirement of the paragraph (2) then as the application filing date shall be considered the date of fulfillment of this requirement. If the applicant fails to fulfill the requirement, the application shall not be considered filed.

(4) If in the description of the invention or utility model the drawings referred to are not presented in the application, Sakpatenti within the term provided for by paragraph (1) of this Article requires from the applicant to submit them. If the applicant satisfies the requirements, provided for by the paragraph (2) of this Article then the filing date of the application will be the day of receiving the said drawings. If the applicant fails to fulfill the requirement, the filing date of the application will be the receiving day of the application and any reference to the drawings will be considered withdrawn.

34.-(1) The examination as to form takes place within two months from the confirmation filing date of the application.

(2) The record-keeping on the application is terminated if it does not meet the requirements of examination as to form.

35.-(1) If it is proved that an application for an invention meets the requirements of the examination as to form, then Sakpatenti conducts the search to determine the state of the art for the invention described in the application, on basis of which conducts the examination on novelty and makes a documentary conclusion.

(2) Sakpatenti in respect to the approved rule provides for the search within six months in the case of payment of the established fee.

(3) The application for the invention for which the applicant has not paid the established fee, shall be regarded as application for the utility model.

36.-(1) Sakpatenti sends the applicant the documentary conclusion on state of the art.

The applicant within two months from the receipt of the conclusion may present a new wording of claims, which must not exceed the essential scope of the patent description, or can

send a written response.

(2) If within two months from the receipt of a documentary conclusion an applicant has not presented amendments or well-grounded response and requirements for novelty are fulfilled, Sakpatenti takes a preliminary decision on granting the patent for an invention.