Legislative Implementation of Flexibilities - Serbia

Title:	Articles 25, 43 (1) 4), 45 and 87 (1) 4) of the Patent Law of 10/07/2004
Field of IP:	Patents
Type of flexibility:	Disclosure related flexibilities
Summary table:

Provisions of Law

Description of the Invention

Article 25

An invention shall be described in a manner that is clear and complete enough for the invention to be carried out by a person skilled in the art.

If the invention concerns a biological material and cannot be carried out on the basis of the description of the invention, the description shall be deemed to fulfill the conditions laid down in paragraph 1 of this Article if a sample of the naturally reproducible biological material is deposited with a competent depository institution not later than the filing date of the application.

The term "competent depository institution" referred to in paragraph 2 of this Article shall mean an institution designated in accordance with the provisions the Budapest Treaty on the International Recognition of the Deposits of Microorganisms for the Purpose of Patent Procedure concluded on 28 April 1977 and last revised on 26 September 1980.

Substantive Examination Procedure

Article 43

In the course of the substantive examination of an application, the competent authority shall examine whether the subject matter of the application:

4) is disclosed in a manner sufficiently clear and complete pursuant to Article 25 of this Law;

Article 45

An applicant, who has filed an application for the same invention in any other state, may furnish the competent authority with a certified translation of the examination report issued in the said state.

Grounds for Revocation

Article 87

At any time during the term of a patent, the competent authority shall revoke a decision on its grant on request of an interested person, if it establishes that:

4) the invention is not disclosed in a manner sufficiently clear and complete as defined in Article 25 of this Law;