Title: | Articles 47 I, 54 and 78 I of the Industrial Property Law of 25/06/1991as last amended on 06/12/2005 |
Field of IP: | Patents |
Type of flexibility: | Disclosure related flexibilities |
Summary table: |
Article 47
The patent application shall be accompanied by:
I. a description of the invention, which shall be sufficiently clear and complete to be fully understood and, where appropriate, to serve as a guide for a person with average skill in the art to make it; it shall also mention the best method known to the applicant of carrying out the invention, when this is not clear from the description of the invention.
In the case of biological material where the description of the invention cannot itself be sufficiently detailed, the application shall be completed with a record of the deposit of the material at an institution recognized by the Institute, in accordance with the provisions of the Regulations under this Law;
Article 54
The Institute may accept or request the findings from substantive examinations or the equivalent thereof conducted by foreign patent offices or, where appropriate, a plain copy of the patent granted by any of said foreign offices.
Article 78
The patent or registration shall be invalid in the following cases:
I. When it is granted in violation of the provisions on the requirements and conditions for the grant of patents or registrations of utility models and industrial designs. For the purposes of the provisions of this subparagraph, the requirements and conditions for the grant of patents and registrations shall be those laid down in Articles 16, 19, 27, 31 and 47;