JuriSTEP
INTELLECTUAL PROPERTY LAW
the claims.
b) The claims should be clear and concise.
themselves entirely in the description.
They
should
base
5. The designs should be supplied when they are necessary for the
comprehension of the Invention.
6. The summary is used exclusively for technical information purposes. It
is not taken under consideration for determining the wideness of the
protection.
7. The applicant may withdraw the application until the moment it is
verified that the application fulfils the necessary conditions for the
patent to be granted.
Article 6
Verification of the patent’s application
1. The National Service for Intellectual Property verifies that the
application for patent satisfies the requirements of Article 4 and of the
Internal Regulation of Execution approved by decree of the
Government.
2. The Director of Industry grants, as date of deposit, the date of
reception of the application, if in that moment the application contains:
a) An express or implicit indication according to which the granting of
a patent is requested;
b) A part that at first sight appears to be a description of an invention.
3. If the Director of Industry realizes that, in the moment of reception of
the application, the conditions of paragraph 2 are not fulfilled, he shall
invite the applicant to make the necessary amendments and grants, as
date of deposit, the date of reception of the correction required;
however, if the applicant does not make the amendments, the
application is deemed as not having been presented.
4. When the application makes reference to drawings that are not
included in it, the Director of Industry shall invite the applicant to
supply the drawings. If the applicant supplies the drawings, the
Director of Industry shall grant, as date of deposit, the date of
reception of the drawings. Otherwise, the Director of Industry shall
grant, as date of deposit, the date of reception of the application and
shall consider any reference to those drawings as non-existent.
5. The Internal Regulation of Execution may provide that the National
Service for Intellectual Property may use the search and verification’s
reports. After reception of those reports, the National Service decides
to grant or not the patent according to the following provision.
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