Legislative Implementation of Flexibilities - Cambodia

Title:	Articles 35-37 of the Law on Patents, Utility Models and Industrial Designs of 22/01/2003
Field of IP:	Patents
Type of flexibility:	Substantive examination
Summary table:

Provisions of Law

Article 35

After according a filing date, the Registrar shall examine whether the application complies with the requirements of Articles 16 and 17 of this Law and other requirements which are designated as needed regulations of this Law. Where the foreign applications and patents filed in abroad, the registrar shall further examine whether information requested under Article 30, 31 and 32 of this Law, has been provided.

Article 36

Where the Registrar is of the opinion that the application complies with the requirements indicated in the Article 35, the Registrar shall take a decision as to whether the requirements of the 2nd and 3rd paragraph of Article 3, Articles 4 to 9, Articles18 to 20 and Articles 23 to 26 of this Law and the Regulations pertaining thereto are fulfilled.

Article 37

The Registrar shall take into account, for the purposes of Article 36 of this Law, as following:

(i) the results of any international search report and any international preliminary examination report established under the PCT in relation to the application; and/or

(ii) a search and examination report submitted under item (i) of the 1st paragraph of Article 31 of this Law relating to, or a final decision submitted under item (iii) of the 1st paragraph of Article 31 of this Law on the refusal to grant a patent on, a corresponding foreign application; and/or

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