Title: | Articles 13 and 14 of the Law on the Protection of Intellectual Property Rights No. 82 of 03/06/2002 |
Field of IP: | Patents |
Type of flexibility: | Disclosure related flexibilities |
Summary table: |
Article 13
The patent application shall be accompanied by a detailed description of the invention, including a full statement of the subject matter and of the best way to enable an person of expertise to execute it, and of each product or method for which protection is sought.
The description shall also include in a clear manner the new elements for which the applicant seeks protection accompanied, where necessary, by an illustrative drawing of the invention.
Where the invention involves biological, plant or animal product, or traditional medicinal, agricultural, industrial or handicraft knowledge, cultural or environmental heritage, the inventor should have acquired the sources in a legitimate manner.
Where the invention involves microorganisms, the applicant shall disclose the identity of such organisms and deposit a live culture thereof with the authority designated in the Regulations.
Without prejudice to the provisions of Article 38 of this Law, the applicant shall, in all cases, provide full data and information on any applications relating to the same invention or its subject matter, that he previously filed abroad, as well as the outcome of such applications.
The Regulations shall determine the required annexes to be attached to the patent application, the time limits for their submission and as well as the conditions justifying its refusal.
Article 14
The Patent Office may, as stipulated in the Regulations, require the applicant to make any amendments or complements which it shall deem necessary to comply with the provisions of Article 13. If the applicant fails to comply within three months of notification, he shall be considered as having withdrawn his application.
The applicant may, within 30 days and in accordance with the conditions stipulated in the Regulations, appeal such request by the Patent Office before the Committee provided for in Article 36.