Legislative Implementation of Flexibilities - Republic of Moldova
| Title: | Articles 33 (1) (b) and (d) and (4), 36, 48 (2) (a), (3) and (4), 57 (2) (b) and 64 (1) (b) of the Law on the protection of Inventions No. 50-XVI of 07/03/ 2008 |
| Field of IP: | Patents |
| Type of flexibility: | Disclosure related flexibilities |
| Summary table: |  |
Provisions of Law
Article 33
Requirements to Be Met by a Patent Application
(1) A patent application shall contain:
b) a description of the invention;
d) any drawings referred to in the description or the claims;
(4) If the invention concerns reproducible biological material, the patent application may contain, where appropriate, an attestation certifying the deposit of that biological material with a depositary institution, in accordance with Article 36 paragraph (2), submitted at the time of filing of the patent application or within 2 months following the filing date of the latter.
Article 36
Disclosure of the Invention
(1) The patent application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
(2) Where the invention refers to biologically reproducible material which is not available to the public, the conditions referred to in paragraph (1) shall only be fulfilled if the applicant proves with a document that, prior to the filing date of the patent application or the acknowledged priority, the biological material has been deposited with an international depositary authority or a depositary institution designated by the Government.
Article 48
Preliminary Examination
(2) In the preliminary examination AGEPI shall examine whether:
a) the patent application meets the requirements laid down in Article 33;
(3) Where AGEPI notes that there are deficiencies which may be corrected, it shall give the applicant an opportunity to correct them in accordance with the Regulations.
(4) Where the examination undertaken under paragraph (2) above finds that the requirements of Article 32 paragraph (3) and Article 33 paragraph (9) and (10) have not been satisfied, the patent application shall be refused. If the applicant disregards the provisions of Article 40 concerning the priority right, the deficiency shall lead to the loss of this right for the application.
Article 57
Opposition
(2) Opposition shall only be filed in writing and on the grounds that:
b) the patent 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;
Article 64
Revocation of Patent
(1) A patent may be revoked, in whole or in part, on the following grounds:
b) if the patent 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;