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Legislative Implementation of Flexibilities - Albania

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:PDF

Provisions of Law

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.