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Legislative Implementation of Flexibilities - Slovenia

Title:Articles 87 (2) and (3) and 112 (1) (b) of the Industrial Property Act of 23/05/2001 as last amended on 06/02/2006
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 87

Substance of requirements of a patent application

(2) The description of the invention shall include the presentation of the problem, information on the state of the art or of other solutions available by that time and their deficiencies which have been known to the applicant, together with a description of the new solution to the problem. The invention shall be described in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art to which the subject-matter of the invention relates.

(3) If an invention relates to biological material defined by an executive regulation, which is not available to the public and can not be described in a manner to be carried out by a person skilled in the art to which the subject-matter of the invention relates, the description of the invention shall be supplemented by a certificate of the deposit of biological material with an international depository authority under Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure of 28 April 1997, and amended on 26 September 1980 (Official Gazette RS-MP No 21/97).

Article 112

Actions for a declaration of nullity of a patent

(1) Actions to declare nullity of a patent may be filed on one or more of the following grounds:

(b) the invention does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art to which the invention relates;

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