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Legislative Implementation of Flexibilities - Slovakia

Title:Articles 37 (4) and (5) (b), 38, 40 (4) and 46 (1) (b) of the Patent Act No. 435/2001as last amended by Act No. 202/ 2009 Coll.
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 37

Application

(4) An invention shall be described and explained in an application clearly and completely so that it can be carried out by a person skilled in the art.

(5) Application shall contain:

b) description of an invention, abstract and drawings, if any,

Article 38

Special provision on application of biotechnological invention

(1) If a subject-matter of an invention is biological material or utilisation of biological material, which is not available to public and which cannot be described in an application in a manner that it can be carried out by a person skilled in the art, description shall be deemed sufficient only provided that

a) biological material has been deposited in a recognised depository institution no later than by the filing date of an application,

b) application as filed contains information on characteristics of deposited biological material, which has been available to an applicant,

c) application states name and seat of a recognised depository institution, as well as a deposit number of deposited sample.

(2) Deposited biological material shall be available by providing a sample on request from the publication day of an application up to granting a patent. An applicant shall be entitled on request filed with the Office before publication of an application to limit an access to deposited biological material only for independent experts.

(3) After granting a patent irrespective of its cancellation or lapse, deposited biological material shall be available by providing a sample on request

(4) Deposited sample may be provided only if a requesting person or independent expert pursuant to paragraph 2, second sentence, shall bound himself that during the term of a patent

a) he shall provide neither sample nor material derived from it to third party,

b) he shall utilise sample and material derived from it only for experimental purposes, unless an applicant or a patent owner explicitly repeals this obligation for him.

(5) Applicant shall be entitled on request filed with the Office before publication of an application to limit an access to deposited biological material for time limit of 20 years from the day of filing an application only for independent experts for case that an application would be refused or proceedings on application would be suspended; paragraph 4 shall apply mutatis mutandis.

(6) In case of doubts about accessibility of biological material to public or about sufficiency of description pursuant to paragraph 1, the condition of accessibility or sufficiency of description shall be considered not to be met until proved otherwise.

(7) If a sequence or partial sequence of a gene is a subject-matter of an application, industrial applicability of an invention must be explained in the application.

(8) The recognised depository institution is the institution for the deposition of biological material, which acquired a status pursuant to the international convention15) or it was recognised by the Office.

(9) Conditions pursuant to the international convention15) shall apply to re-deposit of a biological material in the recognised depository institution.

Article 40

(4) If an application fails to meet conditions pursuant to Article 37(1) and (4) or Article 38(1) to (3) or a subject-matter of an application evidently fails to meet conditions pursuant to Article 5(1), or it is not being considered to be an invention pursuant to Article 5(3), or is

subject to exclusion from patentability pursuant to Article 6, or an assumption pursuant to

paragraph 2 applies, the Office shall refuse an application. Before an application is refused, the Office shall enable an applicant to respond to ascertained reasons for refusal of an

application.

Article 46

(1) The Office shall revoke a patent if during proceedings started on third party request or ex officio it is proved that

b) invention has not been disclosed and described in a patent so clearly and fully so that it could be carried out by a person skilled in the art,

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