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Legislative Implementation of Flexibilities - Andorra

Title:Articles 12 and 20(1), (2) and (3) of the Patent Law of 10/06/1999
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 12

Disclosure of invention

(1) The application shall disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art.

(2) Where the application refers to biological material which cannot be disclosed in the application in such a way as to enable the invention to be carried out by a person skilled in the art and such material is not available to the public, the application shall be supplemented by a deposit of such material with a recognized depositary institution as prescribed in the Implementing Regulations.

Article 20

Examination of application and grant of patent

(1) If an application has been accorded a filing date, the Patent Office shall examine whether the application complies with the requirements of Articles 9 and 10.

(2) The Patent Office is under no obligation to examine whether the application and the invention to which it relates comply with the requirements under Articles 2 to 5, 12, 13, 15 and 18 (2).

(3) Where the Patent Office finds that the application does not comply with the requirements referred to in paragraph (1), it shall indicate the deficiencies to the applicant and give him an opportunity to correct them in accordance with the Implementing Regulations. The application shall be rejected if the applicant fails to correct the deficiencies indicated by the Patent Office.

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