Title: | Section 11 (3), (4) and (5) of the Industrial Property Act of 2001 |
Field of IP: | Patents |
Type of flexibility: | Substantive examination |
Summary table: |
Section 11
(3)After according a filing date, the Registrar shall examine whether the application complies with the requirements of Section 7(1) and 7(2) and the Rules pertaining thereto and those requirements of this Act and the Rules which are designated by the Rules as formal requirements for the purposes of this Act and whether information requested under Section 10, if any, has been provided.
(4)Where the Registrar is of the opinion that the application complies with the requirements of subsection (3), the Registrar shall take a decision as to whether the requirements of Sections 4(2) and (3), 5, 7(4), (5) and (6) and 8 and the Rules pertaining thereto are fulfilled and for this purpose may, as provided for in the Rules, cause the application to be examined.
(5)The Registrar shall take into account, for the purposes of subsection (4),
(a)the results of any international search report and any international preliminary examination report established under the Patent Cooperation Treaty in relation to the application; and/or
(b)a search and examination report submitted under Section 10(2)(a)(i) relating to, or a final decision submitted under Section 10(2)(a)(iii) on the refusal to grant a patent on, a corresponding foreign application; and/or
(c)a search and examination report which was carried out upon his request by an external search and examination authority.