Legislative Implementation of Flexibilities - Cyprus

Title:	Articles 21 and 22 of the Patent Law N° 16(1) of 01/04/1998
Field of IP:	Patents
Type of flexibility:	Substantive examination
Summary table:

Provisions of Law

Examination as to Formalities

Article 21

(1) Where an application for a patent has a date of filing and is not withdrawn, the Registrar shall refer the application to an examiner to determine whether the application complies with those requirements of this Law and the rules which are designated by the rules as formal requirements for the purpose of this Law and to report the determination to the Registrar.

(2) If it is reported to the Registrar that not all the formal requirements are complied with, the applicant shall be given an opportunity to make observations on the report and to amend the application within a prescribed period so as to comply with those requirements, and if the applicant fails to do so the Registrar may refuse the application.

(3) If it is reported to the Registrar that the application, whether as originally filed or as amended pursuant to paragraph (2), complies with all the formal requirements at any time before the end of the prescribed period referred to in paragraph (2), the Registrar shall notify the applicant of that fact.

Submission of Search Report

Article 22

Where the applicant has been notified pursuant to Article 21(3) that his application complies with all the formal requirements, he shall, within the prescribed period, submit to the Office of the Registrar a search report drawn up by a prescribed authority quoting those elements of the state of the art that may be taken into consideration to assess, within the meaning of Articles 6 and 7, the patentability of the invention. If the applicant fails to do so within the prescribed period, the Registrar may refuse the application.