Title: | Article 28 of the Industrial Property Law Nr. 9977 of 07/07/2008 |
Field of IP: | Patents |
Type of flexibility: | Substantive examination |
Summary table: |
Article 28
Examination of the Application and Grant of the Patent
1. After verifying that the application filed is in conformity with articles 17, 18, 19, 20,
21, 22 and 24 of this Law, the GDPT shall grant the respective patent, subject to the
payment of the relevant fee.
2. If the application does not meet, or partially meets, the requirements of paragraph 1 of
this article, the GDPT shall notify the applicant, who, within a three months period, shall
correct the deficiencies. If the deficiencies are not corrected in due time, the application
shall be rejected and the GDPT shall notify the applicant of this decision.
3. A decision taken in conformity with paragraph 2 of this article may be appealed to the
appeal board of the GDPT within a three months period from the date of receipt of
notification, subject to the payment of a fee. The decision of the appeal board may be
appealed to the court within a period of 30 days from the date of receipt of notification.
4. The GDPT shall not make a substantive examination of the invention, in conformity
with articles 5, 6, 7, 9 and 10 of this Law. Therefore, the patent granted by GDPT shall
have legal effect only if within 10 years from the filing date, the patent's owner files an
examination report issued by an institution authorized in substantial examination of
inventions, otherwise the patent shall be considered invalid.
5. Immediately after a decision to grant the patent, the GDPT shall publish it as
provided in article 26 (4) of this Law.