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Legislative Implementation of Flexibilities - Dominican Republic

Title:Articles 19 and 22 of the Industrial Property Law No. 20-00 of 08/05/2000
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Article 19

Examination of Form

1) The General Agency for Industrial Property shall examine, within sixty (60) days of the date of the application, whether the application complies with the requirements of Articles 11 and 13 and the corresponding regulatory provisions.

2) If any omission or deficiency is found, the applicant shall be notified so that he or she can make the necessary correction within a term of two months, or risk being considered abandoned and filed away on the initiative of the Agency. If the applicant does not comply in making the correction within the indicated time limit, the General Agency for Industrial Property shall confirm the abandonment through an official communication.

3) If any of the elements indicated in Article 320 have been omitted, but the omission is remedied within the time limit stated in the preceding paragraph, the date on which the omission is remedied shall be assigned as the date of the application.

4) If the description refers to drawings and these have not been included when the application was filed, the General Agency for Industrial Property shall notify the applicant so that he or she can file them. If the omission is remedied within the time limit indicated in numeral 2), the date the drawings are received shall be the filing date of the application.

Otherwise it shall be deemed that reference to drawings has not been made.

Article 22

Examination of the Merits

1) The applicant must pay the fee for the examination of the merits of the patent application within a time limit of twelve months counted from the date of the appearance of the announcement of publication of the application. If this limit should expire without the fee having been paid, the application shall by full law fall into abandonment and shall be filed away automatically.

2) The patent application shall be examined to determine if its object constitutes an invention according to Articles 309 and 310.1, if the invention is patentable according to Articles 1 and 2 and Articles 3, 4, 5 and 6 if it fulfills the requirements of Articles 13, 14, 15, 16 and 17 and, when such is the case, Articles 18, numeral 1) and 135, and the corresponding regulatory provisions.

3) The examination shall be able to be carried out directly by the General Agency for

Industrial Property or by means of independent experts or publ ic or private entities, either local or foreign within the framework of international, regional or bi lateral agreements. The cost of this examination shall be covered by the fee indicated in paragraph 1.

4) The examination may take into account documents relating to the examinations for novelty or patentability made by other industrial property offices or within the procedure indicated by the Patent Cooperation Treaty (PCT), which refer to the same item claimed in the application being examined. The General Agency for Industrial Property may recognize the results of such examinations as sufficient to certify the fulfillment of the conditions for patentability of the invention.

5) If any of the requirements for granting the patent are not fulfilled, the General Agency for Industrial Property shall notify the applicant so that he or she may, within a period of three months, complete the documentation filed, correct, modify or divide the application, or present such comments or documents as he may deem advisable.

6) If the applicant should not respond to the notification within the established time limit, or if, in spite of the reply, the General Agency for Industrial Property should find that the requirements for granting the patent are not satisfied, it shall be denied by means of a substantiated resolution.

7) For the purposes of the patentability examination the applicant shall provide, at the request of the General Agency for Industrial Property, the translation, when so required, of one or more of the following documents relating to one or more of the foreign applications referring to the invention being examined:

a) a copy of the foreign application.

b) a copy of the results of novelty or patentability examinations made with regard to the foreign application.

c) A copy of the patent or other protective title granted on the basis of the foreign application.

8) When necessary to better resolve a patent application or the validity of a granted patent, the General Agency for Industrial Property may at any time request the applicant or holder of a patent to present the following documents relating to a foreign application or protective title referring to the same invention:

a) a copy of any resolution or decision whereby the foreign application has been rejected or denied.

b) A copy of any resolution or decision whereby the patent or another protective title granted on the basis of the foreign application has been revoked, annulled or invalidated

9) If the applicant, having the information or document required available, should not comply with providing it within the time period indicated in the notification, which shall not be less than three months counted from the date of the notification, the patent shall be denied.

10) Upon the request by the applicant, or on its own initiative, the General Agency for Industrial Property may suspend the processing of the patent application when some document that should have been presented according to this article is still pending before a foreign authority.

11 l The applicant may present observations and comments on any information or document

he or she provides in compliance with this article.

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